Billing Code: 3510-DS-P
DEPARTMENT OF COMMERCE
International Trade Administration
[A-489-844]
Certain Aluminum Foil from the Republic of Türkiye: Final Results of Antidumping Duty
Administrative Review; 2021-2022
AGENCY: Enforcement and Compliance, International Trade Administration, Department of
Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that certain
producers and exporters subject to this administrative review made sales of subject merchandise
at less than normal value during the period of review (POR) September 23, 2021, through
October 31, 2022.
DATES: Applicable [INSERT DATE OF PUBLICATION IN THE FEDERAL REGISTER].
FOR FURTHER INFORMATION CONTACT: Bryan Hansen or Christopher Williams,
AD/CVD Operations, Office I, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue, NW, Washington
DC 20230; telephone: (202) 482-3683 and (202) 482-5166, respectively.
SUPPLEMENTARY INFORMATION:
Background
On November 12, 2021, Commerce published in the Federal Register the antidumping
duty order on certain aluminum foil (aluminum foil) from the Republic of Türkiye (Türkiye).1
On December 7, 2023, Commerce published the Preliminary Results of the 2021-2022
administrative review of the antidumping duty order on certain aluminum foil (aluminum foil)

See Certain Aluminum Foil from the Republic of Armenia, Brazil, the Sultanate of Oman, the Russian Federation,
and the Republic of Turkey: Antidumping Duty Orders, 86 FR 62790 (November 12, 2021) (Order).
from Türkiye and invited interested parties to comment.2 The review covers four companies,
including two mandatory respondents, Assan Aluminyum Sanayi ve Ticaret A.S., Kibar Dis
Ticaret A.S., and Ispak Esnek Ambalaj Sanayi A.S. (collectively, the Assan Single Entity),3 and
ASAS Aluminyum Sanayi Ve Ticaret A.S. (ASAS).4 On May 10, 2024, Commerce extended the
deadline for issuing the final results until June 4, 2024.5 For a complete description of the events
that occurred since the Preliminary Results, see the Issues and Decision Memorandum.6
Commerce conducted this review in accordance with section 751(a)(1)(B) of the Tariff Act of
1930, as amended (the Act).
Scope of the Order
The product covered by the Order is aluminum foil from Türkiye. For a full description
of the scope of the Order, see the Issues and Decision Memorandum.7
Analysis of Comments Received
The issues raised by the interested parties in their case and rebuttal briefs are addressed in
the Issues and Decision Memorandum. The topics discussed in the Issues and Decision
Memorandum are listed in the 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

See Certain Aluminum Foil from the Republic of Turkey: Preliminary Results of Antidumping Duty Administrative
Review; 2021–2022, 88 FR 85237 (December 7, 2023) (Preliminary Results) and accompanying Preliminary
Decision Memorandum (PDM).
3 Commerce previously determined in the investigation that these three companies are a single entity and no party
has challenged that determination in this review. See Certain Aluminum Foil from the Republic of Turkey: Final
Affirmative Determination of Sales at Less Than Fair Value, 86 FR 52880 n.10 (September 23, 2021).
4 We initiated this administrative review of ASAS Aluminyum Sanayi ve Ticaret A.S. See Initiation of Antidumping
and Countervailing Duty Administrative Reviews, 88 FR 50, 55 (January 3, 2023). In the Preliminary Results, we
inadvertently omitted the suffix A.S. from this company’s name. See Preliminary Results, 88 FR at 85238.
5 See Memoranda, “Extension of Deadline for Final Results of Antidumping Duty Administrative Review; 20212022,” dated February 27, 2024, and “Extension of Deadline for Final Results of Antidumping Duty Administrative
Review; 2021-2022,” dated May 10, 2024.
6 See Memorandum, “Issues and Decision Memorandum for the Final Results of the Administrative Review of the
Antidumping Duty Order on Certain Aluminum Foil from the Republic of Türkiye; 2021-2022,” dated concurrently
with, and hereby adopted by this notice (Issues and Decision Memorandum).
7 Id.
Issues and Decision Memorandum can be accessed at
https://access.trade.gov/public/FRNoticesListLayout.aspx.
Changes Since the Preliminary Results
Based on a review of the record and the comments received from interested parties, we
made changes to the Preliminary Results with respect to the margins calculated for the
respondents. For further details, see the Issues and Decision Memorandum.
Rate for Non-Examined Companies
The statute and regulations do not address the establishment of a rate to be assigned to
respondents not selected for individual examination when we limit our examination of
companies subject to the administrative review pursuant to section 777A(c)(2)(B) of the Act.
Generally, Commerce looks to section 735(c)(5) of the Act, which provides instructions for
calculating the all-others rate in an investigation, for guidance when calculating the rate for
respondents not individually examined in an administrative review. Under section 735(c)(5)(A)
of the Act, the all-others rate is normally “an amount equal to the weighted average of the
estimated weighted average dumping margins established for exporters and producers
individually investigated, excluding any zero and de minimis margins, and any margins
determined entirely {on the basis of facts available}.” Accordingly, in the final results of
review, we are assigning to the companies not individually examined, listed in the chart below, a
weighted-average dumping margin based on the average of the individually calculated weightedaverage dumping margins of the Assan Single Entity and ASAS weighted by their publicly
available ranged U.S. sales values.8
Final Results of Review
Commerce determines that the following estimated weighted-average dumping margins
exist for the period September 23, 2021, through October 31, 2022:

See Memorandum, “Final Rate for Non-Selected Companies,” dated concurrently with this notice.

Producer or Exporter
Assan Aluminyum Sanayi ve Ticaret A.S.; Kibar Dis Ticaret
A.S.; and Ispak Esnek Ambalaj Sanayi A.S.
ASAS Aluminyum Sanayi Ve Ticaret A.S.
Ilda Pack Ambalaj
Panda Aluminyum A.S.

Weighted-Average
Dumping Margin (percent)
1.41
1.88
1.49
1.49

Disclosure
Commerce intends to disclose the calculations performed in connection with the final
results to interested parties within five days of the date of publication of this notice in the
Federal Register, in accordance with 19 CFR 351.224(b).
Assessment of Antidumping Duties
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b), Commerce has
determined, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties
on all appropriate entries of subject merchandise in accordance with the final results of this
review. Because the weighted-average dumping margins for the Assan Single Entity and
ASAS are not zero or de minimis (i.e., less than 0.5 percent) in the final results of this review,
we calculated an importer-specific assessment rate based on the ratio of the total amount of
dumping calculated for each importer’s examined sales and the total entered value of those
same sales in accordance with 19 CFR 351.212(b)(1).9 Where an importer-specific
assessment rate is zero or de minimis (i.e., less than 0.5 percent), the entries by that importer
will be liquidated without regard to antidumping duties. The final results of this
administrative review shall be the basis for the assessment of antidumping duties on entries of

In these final results, Commerce applied the assessment rate calculation method adopted in Antidumping
Proceedings: Calculation of the Weighted-Average Dumping Margin and Assessment Rate in Certain Antidumping
Duty Proceedings; Final Modification, 77 FR 8101 (February 14, 2012).
merchandise covered by the final results of this review and for future deposits of estimated
duties, where applicable.10
For entries of subject merchandise during the POR produced by either of the
individually examined respondents for which they did not know that the merchandise they sold
to the intermediary (e.g., a reseller, trading company, or exporter) was destined for the United
States, we will instruct CBP to liquidate unreviewed entries at the all-others rate if there is no
rate for the intermediate company(ies) involved in the transaction.11
For all non-examined companies subject to this review, we will instruct CBP to
liquidate all entries of subject merchandise that entered the United States during the POR and
assess antidumping duties at a rate equal to the weighted-average dumping margin listed
above.
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
Upon publication of this notice in the Federal Register, the following cash deposit
requirements will be effective for all 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
administrative review as provided by section 751(a)(2) of the Act: (1) the cash deposit rate for
companies subject to this review will be equal to the company-specific weighted-average
dumping margin established in the final results of the review; (2) for merchandise exported by
companies not covered in this review but covered in a prior segment of this proceeding, the cash

See section 751(a)(2)(C) of the Act.
For a full discussion of this practice, see Antidumping and Countervailing Duty Proceedings: Assessment of
Antidumping Duties, 68 FR 23954 (May 6, 2003).
10
deposit rate will continue to be the company-specific rate published in the completed segment for
the most recent period; (3) if the exporter is not a firm covered in this review or a prior segment
of the proceeding (e.g., the original investigation of sales at less than fair value (LTFV)) but the
producer is, then the cash deposit rate will be the rate established in the completed segment for
the most recent period for the producer of the merchandise; and (4) the cash deposit rate for all
other producers or exporters will continue to be 1.95 percent,12 the all-others rate established in
the LTFV investigation, adjusted for the export-subsidy rate in the companion countervailing
duty investigation. These cash deposit requirements, when imposed, shall remain in effect until
further notice.
Notification to Importers
This notice serves as a final reminder to importers of their responsibility under 19 CFR
351.402(f)(2) to file a certificate regarding the reimbursement of antidumping and/or
countervailing duties prior to liquidation of the relevant entries during this POR. Failure to
comply with this requirement could result in Commerce’s presumption that reimbursement of
antidumping and/or countervailing duties occurred and the subsequent assessment of double
antidumping duties, and/or an increase in the amount of antidumping duties by the amount of the
countervailing duties.
Administrative Protective Order
This notice also serves as a final reminder to parties subject to an administrative
protective order (APO) of their responsibility concerning the return or destruction of proprietary
information disclosed under APO in accordance with 19 CFR 351.305. Timely written
notification of the 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
violation subject to sanction.

See Certain Aluminum Foil from the Republic of Turkey: Final Affirmative Determination of Sales at Less Than
Fair Value, 86 FR 52880 (September 23, 2021).
Notification to Interested Parties
Commerce is issuing 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: June 4, 2024.
Ryan Majerus,
Deputy Assistant Secretary
for Policy and Negotiations,
performing the non-exclusive functions and duties
of the Assistant Secretary for Enforcement and Compliance.

Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I.
II.
III.
IV.
V.

VI.

Summary
Background
Scope of the Order
Changes Since the Preliminary Results
Discussion of the Issues
Comment 1: Duty Drawback Adjustment
Comment 2: Calculation of the Per-Unit Duty Drawback Adjustment for ASAS
Comment 3: Early Payment Discount Adjustment
Comment 4: Interest Expenses as Part of U.S. Indirect Selling Expenses
Comment 5: Monthly Comparisons of U.S. Price with Normal Value Due to High
Inflation
Comment 6: Turkish Lira (TL)-Denominated Home Market Sales Invoices
Comment 7: Reporting Physical Characteristics for Gauge
Comment 8: Application of Billing Adjustment
Comment 9: Average Raw Material Metal Premium Costs
Comment 10: Inclusion of “Goods in Transit” in Manual Adjustment Ratio for Cost of
Manufacture
Recommendation

[FR Doc. 2024-12653 Filed: 6/7/2024 8:45 am; Publication Date: 6/10/2024]