BILLING CODE: 3510-DS-P
DEPARTMENT OF COMMERCE
International Trade Administration
[C-489-845]
Certain Aluminum Foil from the Republic of Türkiye: Final Results and Partial Rescission
of the Countervailing Duty Administrative Review; 2021
AGENCY: Enforcement and Compliance, International Trade Administration, Department of
Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that ASAS
Aluminyum Sanayi ve Ticaret A.S. (ASAS) and Assan Aluminyum Sanayi ve Ticaret A.S.
(Assan) received countervailable subsidies during the period of review (POR) March 5, 2021,
through December 31, 2021.
DATES: Applicable [INSERT DATE OF PUBLICATION IN THE FEDERAL REGISTER].
FOR FURTHER INFORMATION CONTACT: Adam Simons, 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) 4826172.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the Preliminary Results of this administrative review on December
7, 2023.1 In January and February 2024, Commerce conducted an on-site verification of ASAS’
reported subsidy information.2 On March 26, 2024, Commerce extended the deadline for issuing
the final results until June 4, 2024.3 Subsequently, on April 5, 2024, we invited interested parties

See Certain Aluminum Foil from Turkey: Preliminary Results of Countervailing Duty Administrative Review, 88
FR 85228 (December 7, 2023) (Preliminary Results), and accompanying Preliminary Decision Memorandum.
2 See Memorandum, “Verification of the Questionnaire Responses of Asas Aluminyum Sanayi Ve Ticaret A.Ş.,”
dated April 4, 2024.
3 See Memorandum, “Extension of Deadlines for 2021 Final Results of Countervailing Duty Administrative
Review,” dated March 26, 2024.
to comment on the Preliminary Results and verification.4 For a description of the events that
occurred since the Preliminary Results, see the Issues and Decision Memorandum.5
Scope of the Order6
The merchandise covered by this Order is aluminum foil from Türkiye. For a complete
description of the scope of this Order, see the Issues and Decision Memorandum.
Analysis of Comments Received
All issues raised in interested parties’ case briefs are addressed in the Issues and Decision
Memorandum. The topics discussed and the issues raised by parties to which we responded 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 Issues and Decision Memorandum can be accessed directly at
https://access.trade.gov/public/FRNoticesListLayout.aspx.
Rescission of Administrative Review, In Part
As noted in the Intent to Rescind Memorandum,7 based on our analysis of U.S. Customs
and Border Protection (CBP) data, we determine that Ilda Pack Ambalaj, John Good Denizcilik
Tas.Ve, and Seherli Danismanlik A.S had no reviewable shipments, sales, or entries of subject
merchandise during the POR. We received no comments or additional information from any
interested parties regarding the Intent to Rescind Memorandum issued regarding these three
companies. Therefore, absent evidence of shipments on the record, we are rescinding the
administrative review of these companies, pursuant to 19 CFR 351.213(d)(3).

See Memorandum, “Clarification of Briefing Schedule,” dated April 5, 2024.
See Memorandum, “Decision Memorandum for the Final Results of the Countervailing Duty Administrative
Review of Certain Aluminum Foil from the Republic of Türkiye; 2021,” dated concurrently with, and hereby
adopted by, this notice (Issues and Decision Memorandum).
6 See Certain Aluminum Foil from the Sultanate of Oman and the Republic of Turkey: Countervailing Duty Orders,
86 FR 62782 (November 12, 2021) (Order).
7 See Memorandum, “Notice of Intent to Rescind Review, In Part,” dated April 5, 2024 (Intent to Rescind
Memorandum).
4
Changes Since the Preliminary Results
Based on our analysis of comments from interested parties and the results of verification,
we made certain changes to ASAS’ and Assan’s countervailable subsidy rate calculations from
the Preliminary Results. For a full description of these changes, see the Issues and Decision
Memorandum.
Methodology
Commerce conducted this review in accordance with section 751(a)(1)(A) of the Tariff
Act of 1930, as amended (the Act). For each of the subsidy programs found countervailable, we
find that there is a subsidy, i.e., a government-provided financial contribution that gives rise to a
benefit to the recipient, and that the subsidy is specific.8 For a description of the methodology
underlying all of Commerce’s conclusions, see the Issues and Decision Memorandum.
Company Not Selected for Individual Review
The Act and Commerce’s regulations do not address the establishment of a rate to be
applied to companies not selected for individual examination when Commerce limits its
examination in an administrative review, pursuant to section 777A(c)(2) of the Act. Generally,
Commerce looks to section 705(c)(5) of the Act, which provides instructions for determining the
all-others rate in an investigation, for guidance when calculating the rate for companies which
were not selected for individual examination in an administrative review. Under section
705(c)(5)(A) of the Act, the all-others rate is normally an amount equal to the weighted average
of the countervailable subsidy rates established for exporters and producers individually
investigated, excluding any zero or de minimis countervailable subsidy rates, and any rates
determined entirely on the basis of facts available.
There is one company, Panda Aluminyum, for which a review was requested, but which
was not selected as a mandatory respondent or found to be cross-owned with a mandatory

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.
respondent. For Panda Aluminyum, because the rates calculated for mandatory respondents
ASAS and Assan were above de minimis and not based entirely on facts available, we applied a
final subsidy rate based on a simple average of the rates calculated for the two mandatory
respondents.
Final Results of Review
We determine that, for the period March 5, 2021, through December 31, 2021, the
following total net countervailable subsidy rates exist:
Producer/Exporter
ASAS Aluminyum Sanayi ve Ticaret A.S.
Assan Aluminyum Sanayi ve Ticaret A.S.9
Panda Aluminyum

Subsidy Rate (percent ad
valorem)
0.50
1.15
0.83

Disclosure
Commerce intends to disclose the calculations performed for these final results of review
within five days after the date of publication of this notice in the Federal Register, in accordance
with 19 CFR 351.224(b).
Assessment
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b)(2), Commerce has
determined, and CBP shall assess, countervailing duties on all appropriate entries of subject
merchandise in accordance with the final results of this review, for the above-listed companies at
the applicable ad valorem assessment rates listed. For the companies for which we are
rescinding this administrative review, 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 March 5, 2021, through December 31, 2021, in accordance with 19 CFR 351.212(c)(l)(i).

Commerce finds the following companies to be cross-owned with Assan: Kibar Dış Ticaret A.S.; Kibar Holding
A.S.; and Ispak Esnek Ambalaj Sanayi A.S.
Commerce intends to issue assessment instructions to CBP no earlier than 35 days after
the date of publication of these 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
In accordance with section 751(a)(1) of the Act, Commerce intends to instruct CBP to
collect cash deposits of estimated countervailing duties in the amounts shown for the companies
listed above on 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.
For all non-reviewed firms, we will instruct CBP to continue to collect cash deposits of estimated
countervailing duties at the all-others rate or most recent company-specific rate applicable to the
company, as appropriate. These cash deposits, effective upon publication of these final results of
this review, shall remain in effect until further notice.
Administrative Protective Order
This notice also serves as a final reminder to parties subject to 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(a)(3). Timely written
notification of the return/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
sanctionable violation.
Notification to Interested Parties
These final results are issued and published 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.

VII.

Summary
Background
Scope of the Order
Subsidies Valuation
Analysis of Programs
Discussion of the Issues
Comment 1: Whether to Exclude Kibar Dis’ By-Pass Sales from its Sales Denominator
Comment 2: Whether to Make Certain Adjustments to Assan’s Sales Denominators
Comment 3: Whether the Unemployment Insurance Premium Incentive Under
Additional Article 4 of Law No. 4447 is a Countervailable Subsidy
Comment 4: Whether Commerce Should Rely on Assan’s Provided Loan Benchmark
Comment 5: Whether to Revise Certain Benefit Calculations for ASAS
Comment 6: Whether to Find the Exemptions on Banking and Insurance Transaction
Tax Program Countervailable
Recommendation

[FR Doc. 2024-12654 Filed: 6/7/2024 8:45 am; Publication Date: 6/10/2024]