Aluminum Extrusions From the Republic of Türkiye: Final Affirmative Determination of Sales at Less Than Fair Value

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Federal RegisterOct 3, 2024
89 Fed. Reg. 80512 (Oct. 3, 2024)
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    Department of Commerce International Trade Administration
  • [A-489-850]
  • AGENCY:

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

    SUMMARY:

    The U.S. Department of Commerce (Commerce) determines that Aluminum Extrusions from the Republic of Türkiye (Türkiye) are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation is October 1, 2022, through September 30, 2023.

    DATES:

    Applicable October 3, 2024.

    FOR FURTHER INFORMATION CONTACT:

    Taylor Hatley or Sean Grossnickle, AD/CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-4886 or (202) 482-3818, respectively.

    SUPPLEMENTARY INFORMATION:

    Background

    On May 7, 2024, Commerce published in the Federal Register its preliminary affirmative determination in the LTFV investigation of aluminum extrusions from Türkiye. We invited interested parties to comment on the Preliminary Determination. On June 5, 2024, Commerce amended its Preliminary Determination. On July 22, 2024, Commerce tolled certain deadlines in this proceeding by seven days. The deadline for the final determination is now September 26, 2024.

    See Aluminum Extrusions from the Republic of Türkiye: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extensions of Provisional Measures, 89 FR 38046 (May 7, 2024) ( Preliminary Determination), and accompanying Preliminary Decision Memorandum (PDM).

    See Aluminum Extrusions from the Republic of Türkiye: Amended Preliminary Determination of Less-Than-Fair-Value Investigation, 89 FR 48152 (June 5, 2024) ( Amended Preliminary Determination), and accompanying Ministerial Error Memorandum.

    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 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.

    See Memorandum, “Decision Memorandum for the Final Affirmative Determination in the Less-Than-Fair-Value 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 product covered by this investigation is aluminum extrusions from Türkiye. For a complete description of the scope of this investigation, see Appendix I to this notice.

    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 Memorandum, “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.

    Verification

    As provided in section 782(i)(1) of the Tariff Act of 1930, as amended (the Act), in May and June 2024, we verified the sales and cost information submitted by Erdoganlar Aluminyum San. ve Tic. A.S (Erdoganlar) and Sistem Aluminyum Sanayi ve Ticaret A.S. (Sistem) for use in our final determination. We used standard verification procedures, including an examination of relevant sales and accounting records, and original source documents provided by Erdoganlar and Sistem.

    See Memorandum, “Verification of the Sales Response of Sistem Alüminyum Sanayi ve Ticaret A.S. in the Antidumping Investigation of Certain Aluminum Extrusions from the Republic of Türkiye,” dated July 1, 2024 (Sistem Verification Report); see also Memorandum, “Verification of the Sales Response of Erdoganlar Alüminyum Sanayi ve Ticaret A.S. in the Antidumping Investigation of Certain Aluminum Extrusions from the Republic of Türkiye,” dated July 1, 2024 (Erdoganlar Verification Report); Memorandum, “CEP Verification of the Sales Response of ERD Metal Inc. in the Antidumping Investigation of Certain Aluminum Extrusions from the Republic of Türkiye,” dated July 1, 2024 (ERD Metal Verification Report); Memorandum, “Verification of the Cost Response of Sistem Aluminyum San. ve Tic. A.S. in the Less-Than-Fair-Value Investigation of Aluminum Extrusions from Türkiye,” dated July 12, 2024; and Memorandum, “Verification of the Cost Response of Erdoğanlar Alüminyum San. ve Tic. A.Ş. in the Antidumping Duty Investigation of Certain Aluminum Extrusions from the Republic of Turkey,” dated July 17, 2024.

    Use of Adverse Facts Available

    As discussed in the Preliminary Determination, the following companies failed to respond to Commerce's quantity and value questionnaire: (1) Alkor Aluminyum Enerji Insaat Sanayi ve Ticaret Anonim Sirketi (Alkor); (2) Astas Aluminyum San ve Tic A.S. (Astas); (3) Ayde Aluminyum LTD. STI (Ayde); (4) Burak Aluminyum Sanayi ve Ticaret A.S. (Burak); (5) P.M.S. Aluminyum Sanayi ve Ticaret A.S. (P.M.S.); (6) Tuna Aluminium Ltd. (Tuna); and (7) Uluson Aluminum (Uluson). Consequently, in the Preliminary Determination, we determined that it was appropriate to apply adverse facts available (AFA) pursuant to sections 776(a)(1), 776(a)(2)(A)-(C), and 776(b) of the Act, with respect to Alkor, Astas, Ayde, Burak, P.M.S., Tuna, and Uluson. We continue to assign the dumping margin alleged in the petition (corroborated by our calculations) of 48.43 percent for these companies on the basis of AFA, pursuant to sections 776(a)(1), 776(a)(2)(A)-(C), and 776(b) of Act. For further discussion of the application of AFA with respect to Alkor, Astas, Ayde, Burak, P.M.S., Tuna, and Uluson, see the Issues and Decision Memorandum.

    See Amended Preliminary Determination; see also Ministerial Error Memorandum at 4.

    Id. at 3-4; see also Memorandum, “Analysis for the Amended Preliminary Determination for Erdoganlar Aluminyum San. ve Tic. A.S.,” dated May 30, 2024, at Exhibit 2.

    See Ministerial Error Memorandum at 4.

    Analysis of Comments Received

    All issues raised in the case and rebuttal briefs submitted by interested parties in this investigation are addressed in the Issues and Decision Memorandum. A list of the issues addressed in the Issues and Decision Memorandum is attached as Appendix II to this notice.

    Changes Since the Preliminary Determination

    We made certain changes to the margin calculations for Erdoganlar and Sistem since the Amended Preliminary Determination. For a discussion of these changes, see the Issues and Decision Memorandum.

    See Memorandum, “Analysis for the Final Determination for Erdoganlar Aluminyum San. ve Tic. A.S.,” dated concurrently with this notice; and Memorandum, “Analysis for the Final Determination for Sistem Aluminyum Sanayi ve Ticaret A.S.,” dated concurrently with this notice.

    All-Others Rate

    Section 735(c)(5)(A) of the Act provides that the estimated weighted-average dumping margin for all other producers and exporters not individually investigated shall be equal to the weighted average of the estimated weighted-average dumping margins established for individually investigated exporters and producers, excluding rates that are zero, de minimis, or determined entirely under section 776 of the Act, i.e., facts otherwise available.

    In this investigation, Commerce calculated estimated weighted-average dumping margins for Erdoganlar and Sistem that are not zero, de minimis, or based entirely on facts otherwise available. Commerce calculated the all-others rate using a weighted average of the estimated weighted average dumping margins calculated for the examined respondents using each company's publicly ranged values for the merchandise under consideration. For a complete analysis of the data, see the All-Others Rate Calculation Memorandum.

    See Memorandum, “Calculation of the All-Others Rate for the Final Determination,” dated concurrently with this notice.

    Final Determination

    Commerce determines that the following estimated weighted-average dumping margins exist:

    Exporter/producer Weighted- average dumping margin (percent) Cash deposit rate (adjusted for export subsidy offset) (percent)
    Erdoganlar Aluminyum San. ve Tic. A.S 10.11 9.91
    Sistem Aluminyum Sanayi ve Ticaret A.S 19.75 19.75
    Alkor Aluminyum Enerji Insaat Sanayi ve Ticaret Anonim Sirketi * 48.43 37.26
    Astas Aluminyum San ve Tic A.S * 48.43 37.26
    Ayde Aluminyum LTD. STI * 48.43 37.26
    Burak Aluminyum Sanayi ve Ticaret A.S * 48.43 37.26
    P.M.S. Aluminyum Sanayi ve Ticaret A.S * 48.43 37.26
    Tuna Aluminium Ltd * 48.43 37.26
    Uluson Aluminum * 48.43 37.26
    All Others 12.95 12.75
    * Rate based on AFA.