Accident – Death – Obituary News : Commerce has determined that countervailable subsidies are being provided to producers and exporters of aluminum extrusions from Turkey. This preliminary determination comes after a thorough investigation conducted from January 1, 2022, to December 31, 2022. Interested parties are now invited to comment on this decision.
According to the U.S. Department of Commerce, the investigation into countervailable subsidies for aluminum extrusions from Turkey began on October 31, 2023. However, the preliminary determination was postponed until March 4, 2024. The decision is in accordance with section 703(b) of the Tariff Act of 1930, as amended.
For more detailed information on the events that have transpired since the initiation of this investigation, interested parties are directed to the Preliminary Decision Memorandum. This document contains a comprehensive overview of the topics discussed and is available for public viewing electronically through Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS).
In light of this preliminary determination, T.J. Worthington and Peter Zukowski of AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, can be contacted for further information. They can be reached via telephone at (202) 482–4567 or (202) 482–0189, respectively.
The preliminary determination of countervailable subsidies for aluminum extrusions from Turkey is a significant development in the realm of international trade. Interested parties are encouraged to provide their feedback and comments on this decision to ensure a fair and transparent process moving forward. The deadline for submitting comments is March 11, 2024. Access to important information regarding the investigation into aluminum extrusions from Turkey is now available to registered users at access.trade.gov. This includes the complete version of the Preliminary Decision Memorandum, which can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
The scope of the investigation covers aluminum extrusions from Turkey. Parties interested in a detailed description of the scope can refer to Appendix I for more information.
Scope comments are also being considered in accordance with Commerce’s regulations. The Initiation Notice allowed for a period of time for parties to raise any issues regarding product coverage. Various interested parties have commented on the scope of the investigation as outlined in the Initiation Notice. Additionally, the petitioners have proposed modifications to the scope of the investigation, which Commerce is currently reviewing.
After analyzing the comments from interested parties, Commerce has preliminarily determined to modify the scope of the investigation. This includes adding examples of excluded products such as solar panels and off-grid solar modules, as well as excluding precision non-electrically conductive coated buss bars and precision drawn aluminum tubing. The updated scope can be found in Appendix I of the notice.
For more information and updates on the investigation into aluminum extrusions from Turkey, registered users can access the relevant documents at access.trade.gov. Stay informed and stay updated on this important trade matter. In recent developments, Commerce has made a preliminary decision regarding the scope of an investigation, with potential implications for the future expansion of the order. The scope language in question, as outlined in the Initiation Notice, has been scrutinized for its potential to broaden the scope of the investigation. Consequently, Commerce has opted to remove this language from the preliminary determination and modify the scope language accordingly, as detailed in the Appendix I of the notice.
Furthermore, in response to comments from petitioners dated February 20, 2024, several substantive modifications to the scope of the investigation have been proposed. These modifications also extend to the companion antidumping duty (AD) and CVD investigations. Notably, one of the key proposals put forth by the petitioners is the definition of the term “part or subassemblies” as products designed to be attached to other components to form a completed product or to become part of a larger whole.
Additionally, the petitioners have suggested incorporating a three-part test to determine the exclusion of products containing multiple subassemblies from the scope of the investigation. This test specifies that merchandise containing multiple subassemblies of a larger whole with non-extruded aluminum components beyond fasteners would be excluded from the scope.
These proposed modifications underscore the complexity and specificity of defining the scope of such investigations, highlighting the need for precise language and criteria to ensure fair and accurate determinations. As the investigation progresses, further discussions and decisions are expected to refine and clarify the scope of the order, with potential implications for the industry involved. For more detailed analysis and information, interested parties are encouraged to refer to the Preliminary Scope Decision Memorandum for a comprehensive overview of the scope determination process. The United States Department of Commerce is currently conducting an investigation into the scope of covered subassemblies, specifically focusing on products identified as subject merchandise. In order to be excluded from the scope, a covered subassembly must be fully and permanently assembled with at least one other different subassembly. Additionally, the non-extruded aluminum portion (excluding any fasteners) must collectively account for more than 50 percent of the actual weight and number of pieces of the combined multiple subassemblies.
Proposed modifications to the definition of “assembled merchandise” include adding the term “fully and permanently assembled,” specifying that the merchandise is not part of a larger whole, and excluding processed, fabricated, finished, or assembled parts or materials. These modifications are complex, and further clarification is needed from the petitioners. Interested parties will have the opportunity to comment on the proposed revisions before a final determination is made by May 1, 2024.
The Department of Commerce also plans to issue a preliminary decision on remaining scope comments received from interested parties by May 1, 2024. A briefing schedule will be established for further comments on the preliminary scope decisions at that time. The scope decisions from the anti-dumping investigations will be incorporated into the final countervailing duty determination after considering all relevant comments.
This investigation is being conducted in accordance with section 701 of the Act to ensure fair trade practices and protect domestic industries. Stay tuned for updates as the investigation progresses.
In a recent investigation, the U.S. Department of Commerce has made a preliminary determination that subsidy programs in Turkey for aluminum extrusions are countervailable. This determination means that Commerce has found evidence of financial contributions by an “authority” in Turkey that benefit the recipients of these subsidies, making them specific to certain companies.
According to Commerce’s methodology, detailed in the Preliminary Decision Memorandum, each subsidy program identified in the investigation has been analyzed to determine its specific nature and the benefits it provides to the recipients. This analysis is crucial in establishing the existence of countervailable subsidies.
Alignment with Anti-Dumping Investigation
Commerce has decided to align the final countervailing duty (CVD) determination in this investigation with the final determination in the concurrent anti-dumping (AD) investigation of aluminum extrusions from Turkey. This alignment, at the request of the petitioners, means that both determinations will be issued on the same date, currently scheduled for no later than July 15, 2024, unless postponed.
All-Others Rate Calculation
As per the provisions of the Act, Commerce is required to determine an estimated all-others rate for companies that were not individually examined in the investigation. This rate is calculated as the weighted average of the subsidy rates established for the examined companies, excluding any rates that are zero, de minimis, or based entirely on certain provisions of the Act.
During the preliminary determination, Commerce found a de minimis rate for Sistem Aluminyum Sanayi ve Ticaret A.S., meaning their subsidy rate was negligible. Therefore, the only non-zero, non-de minimis rate calculated was for Erdoganlar Aluminyum San. ve Tic. A.S., which will be used as the estimated all-others rate for companies not individually examined.
Overall, the preliminary determination of countervailable subsidy programs in the investigation of aluminum extrusions from Turkey underscores the importance of fair trade practices and ensuring a level playing field for all companies involved in international trade.
Commerce has made a preliminary determination regarding the countervailable subsidy rates for several Turkish companies producing aluminum extrusions. The estimated weighted-average rate calculated for Erdoganlar Aluminyum San. ve Tic. A.S will be used as the rate assigned to all other producers and exporters, as per section 705(c)(5)(A)(i) of the Act.
Rate for Non-Responsive Companies
Five potential producers and exporters of aluminum extrusions from Turkey did not respond to Commerce’s quantity and value (Q&V) questionnaire. By failing to provide requested information, these companies hindered the investigation. As a result, the CVD rate for these companies will be based on facts available under sections 776(a)(2)(A) and (C) of the Act.
Preliminary Determination
Commerce has determined the following estimated net countervailable subsidy rates:
| Company | Subsidy Rate (percent) |
|---|---|
| Erdoganlar Aluminyum San. ve Tic. A.S | 1.45 |
| Sistem Aluminyum Sanayi ve Ticaret A.S | 0.82 (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 | 1.45 |
Disclosure
Commerce will disclose its calculations and analysis to interested parties within five days of this preliminary determination. This disclosure will be in accordance with 19 CFR 351.224(b).
Suspension of Liquidation
Commerce will instruct U.S. Customs and Border Protection to suspend the liquidation of entries of subject merchandise described in the investigation scope. This suspension applies to entries made on or after the publication date of this notice in the Federal Register. CBP will also be required to collect cash deposits equal to the indicated rates under 19 CFR 351.205(d).
Commerce has recently announced that due to the de minimis subsidy rate for Sistem, Customs and Border Protection (CBP) will not be suspending the liquidation of entries of merchandise from this company. This decision comes after thorough consideration of the subsidy rate and its impact on the ongoing investigation.
According to section 782(i)(1) of the Act, Commerce is planning to verify the information that was used to make this final determination. This verification process is essential to ensure the accuracy and fairness of the decision regarding Sistem’s subsidy rate.
In light of this development, all interested parties will have the opportunity to submit scope case and rebuttal briefs related to the preliminary scope decisions made in this investigation. Deadlines for submitting these briefs will be announced at a later date, and parties must file identical documents on the records of the companion AD and CVD investigations.
Additionally, case briefs or written comments on non-scope issues can be submitted to the Assistant Secretary for Enforcement and Compliance. The timeline for submitting these briefs will be provided in the near future, with rebuttal briefs due five days after the case briefs are filed.
Interested parties participating in this proceeding are required to submit a table of contents listing each issue and a table of authorities. This information will help streamline the review process and ensure that all relevant issues are addressed in a timely manner.
As part of the submission requirements, interested parties are asked to provide a public, executive summary at the beginning of their briefs for each issue raised. These summaries should be limited to 450 words per issue and will be used as the basis for comment summaries in the final decision memorandum for this investigation.
Furthermore, parties who wish to request a hearing on issues raised in the case and rebuttal briefs must do so within 30 days of the publication of this notice in the Federal Register. Requests should include the party’s contact information, the number of participants, any foreign nationals involved, and a list of the issues to be discussed.
Overall, Commerce’s decision not to suspend the liquidation of entries from Sistem reflects a careful evaluation of the subsidy rate and its implications. Interested parties are encouraged to participate in the verification process and submit briefs to ensure a thorough and fair review of the investigation..