Aluminum Extrusions From the Republic of Türkiye: Final Affirmative Countervailing Duty Determination

Download PDF
Federal RegisterOct 3, 2024
89 Fed. Reg. 80468 (Oct. 3, 2024)
Document Headings

Document headings vary by document type but may contain the following:

  • the agency or agencies that issued and signed a document
  • the number of the CFR title and the number of each part the document amends, proposes to amend, or is directly related to
  • the agency docket number / agency internal file number
  • the RIN which identifies each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions
  • See the Document Drafting Handbook for more details.

    Department of Commerce International Trade Administration
  • [C-489-851]
  • 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 and exporters of aluminum extrusions from the Republic of Türkiye (Türkiye). The period of investigation is January 1, 2022, through December 31, 2022.

    DATES:

    Applicable October 3, 2024.

    FOR FURTHER INFORMATION CONTACT:

    T.J. Worthington, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-4567.

    SUPPLEMENTARY INFORMATION:

    Background

    On March 11, 2024, Commerce published its Preliminary Determination in the Federal Register and invited interested parties to comment. Subsequently, on May 3, 2024, Commerce issued its Post-Preliminary Determination. On May 23, 2024, Commerce published its Amended Preliminary Determination in the Federal Register . On July 22, 2024, Commerce tolled certain deadlines in this administrative proceeding by seven days. The deadline for the final determination of this investigation is now September 26, 2024.

    See Aluminum Extrusions from the Republic of Turkey: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination with the Final Antidumping Duty Determination, 89 FR 17399 (March 11, 2024) ( Preliminary Determination), and accompanying Preliminary Decision Memorandum (PDM).

    See Memorandum, “Decision Memorandum for the Post-Preliminary Analysis in the Countervailing Duty Investigation of Aluminum Extrusions from the Republic of Türkiye,” dated May 3, 2024.

    See Aluminum Extrusions from the People's Republic of China, Indonesia, Mexico, and the Republic of Türkiye: Amended Preliminary Countervailing Duty Determinations, 89 FR 45634 (May 23, 2024).

    See Memorandum, “Tolling of Deadlines for Antidumping and Countervailing Duty Proceedings,” dated July 22, 2024.

    A summary of the events that occurred since Commerce published the Preliminary Determination, as well as a full discussion of the issues raised by parties for this final determination, may be found in the Issues and Decision Memorandum. The Issues and Decision Memorandum is a public document and is made available to the public 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 .

    See Memorandum, “Decision Memorandum for the Final Affirmative Determination in the Countervailing Duty Investigation of Aluminum Extrusions from the Republic of Türkiye,” dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum).

    Scope of the Investigation

    The products covered by this investigation are aluminum extrusions from Türkiye. For a complete description of the scope of this investigation, see Appendix I.

    Scope Comments

    During the course of this investigation, Commerce received scope comments from interested parties. Commerce issued Preliminary Scope Decision Memoranda to address these comments and set aside a period of time for parties to address scope issues in scope-specific case and rebuttal briefs. Between May 22, 2024, and June 24, 2024, Commerce received post-preliminary determination scope comments from interested parties regarding numerous products and scope-related issues. Between July 20, 2024, and August 19, 2024, Commerce received scope case and rebuttal briefs from numerous interested parties. We made changes to the scope of the investigation from the scope published in the Preliminary Determination, as noted in Appendix I.

    See Memoranda, “Preliminary Scope Decision Memorandum,” dated March 4, 2024, and “Preliminary Scope Decision Memorandum II,” dated May 1, 2024 (collectively Preliminary Scope Decision Memoranda).

    See Memorandum, “Final Scope Decision Memorandum,” dated concurrently with this notice.

    Analysis of Subsidy Programs and Comments Received

    The subsidy programs under investigation, and the issues raised in the case and rebuttal briefs that were submitted by parties in this investigation, are discussed in the Issues and Decision Memorandum. For a list of the issues raised by interested parties and addressed in the Issues and Decision Memorandum, see Appendix II to this notice.

    Methodology

    Commerce conducted this investigation in accordance with section 701 of the Tariff Act of 1930, as amended (the Act). For each of the subsidy programs found to be countervailable, Commerce 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. For a full description of the methodology underlying our final determination, see the Issues and Decision Memorandum.

    See sections 771(5)(B) and (D) of the Act regarding financial contribution; see also section 771(5)(E) of the Act regarding benefit; and section 771(5A) of the Act regarding specificity.

    In making this final determination, Commerce relied, in part, on facts otherwise available, including with an adverse inference, pursuant to sections 776(a) and (b) of the Act. For a full discussion of our application of adverse facts available (AFA), see the Preliminary Determination PDM and section “Use of Facts Otherwise Available and Application of Adverse Inferences” in the Issues and Decision Memorandum.

    See Preliminary Determination PDM at 11-19.

    Verification

    Consistent with section 782(i) of the Act, in May 2024, Commerce verified all information reported by Erdoganlar Aluminyum San. ve Tic. A.S. (Erdoganlar) and Sistem Aluminyum Sanayi ve Ticaret A.S. (Sistem). We used standard verification procedures, including an examination of relevant account records and original source documents provided by the respondents.

    See Memoranda, “Verification of the Questionnaire Responses of Erdoğanlar Alüminyum Sanayi ve Ticaret A.S.,” dated June 5, 2024; and “Verification of the Questionnaire Responses of Sistem Aluminyum Sanayi ve Ticaret A.S.,” dated June 5, 2024.

    Changes Since the Preliminary Determination

    Based on our analysis of the comments received from interested parties and our verification findings, we made certain changes to the subsidy rate calculations for Erdoganlar and Sistem. For a discussion of these changes, see the Issues and Decision Memorandum.

    All-Others Rate

    Pursuant to section 705(c)(5)(A)(i) of the Act, Commerce will determine an all-others rate equal to the weighted-average countervailable subsidy rates established for exporters and/or producers individually examined, excluding any rates that are zero, de minimis, or rates based entirely under section 776 of the Act.

    Commerce continues to calculate a de minimis rate for Sistem. Therefore, the only rate that is not zero, de minimis, or based entirely on facts otherwise available is the rate calculated for Erdoganlar. Consequently, the estimated weighted-average rate calculated for Erdoganlar is the rate assigned to all other producers and exporters, pursuant to section 705(c)(5)(A)(i) of the Act.

    Final Determination

    Commerce determines that the following estimated countervailable subsidy rates exist:

    Company Subsidy rate (percent ad valorem)
    Erdoganlar Aluminyum San. ve Tic. A.S 1.44
    Sistem Aluminyum Sanayi ve Ticaret A.S 0.83 ( de minimis)
    Alkor Aluminyum Enerji Insaat Sanayi ve Ticaret Anonim Sirketi * 147.53
    Ayde Aluminyum LTD. STI * 147.53
    P.M.S. Aluminyum Sanayi ve Ticaret A.S * 147.53
    Tuna Aluminium Ltd * 147.53
    Uluson Aluminum * 147.53
    All Others 1.44
    * Rate is based on AFA.