• Effective Date: Jun 09, 2022
  • Period of Review: Aug 14, 2020 to Dec 31, 2021
  • Notice of Lifting of Suspension Date: Jun 09, 2022
  • Cite as: 87 FR 35165 • Cite date: Jun 09, 2022
Re: Automatic liquidation instructions for Common Alloy Aluminum Sheet from Turkey for the period 08/14/2020 through 12/31/2021 (C-489-840) 1. Commerce does not automatically conduct administrative reviews of countervailing duty orders. Instead, reviews must be requested pursuant to section 751(a)(1) of the Tariff Act of 1930, as amended, and in accordance with 19 CFR 351.213. 2. Commerce has not received a request for an administrative review of the countervailing duty order for the period and on the merchandise identified below except for the firms listed in paragraphs 4 and 5. Therefore, in accordance with 19 CFR 351.212(c), you are to liquidate all entries for all firms except those listed in paragraphs 4 and 5 and assess countervailing duties on merchandise entered, or withdrawn from warehouse, for consumption at the cash deposit rate in effect on the date of entry: Product: Common Alloy Aluminum Sheet Country: Turkey Case number: C-489-840 Period: 08/14/2020 through 12/31/2021 3. For all companies except Teknik Aluminyum Sanayi A.S.; TAC Metal Ticaret A.S., entries for the period 12/12/2020 (the first day provisional measures were no longer in effect) through 04/25/2021 (the day prior to the publication of the ITC final determination), should be liquidated without regard to duties. See messages 0349402 dated 12/14/2020 and 2228401 dated 08/16/2022. Entries for Teknik Aluminyum Sanayi A.S.; TAC Metal Ticaret A.S. should not be liquidated until specific instructions are issued. Note to CBP: Suspension of liquidation for entries produced and/or exported by Teknik Aluminyum Sanayi A.S.; TAC Metal Ticaret A.S. began on 03/08/2021. See message 2227403 dated 08/15/2022. 4. Entries of merchandise of the firms listed below should not be liquidated until specific instructions are issued. Continue to suspend liquidation of all entries of merchandise produced and/or exported by the listed firms entered, or withdrawn from warehouse, for consumption during the period 08/14/2020 through 12/11/2020, and 04/26/2021 through 12/31/2021: Company: Assan Aluminyum Sanayi ve Ticaret A.S.; Kibar Dis Ticaret A.S.; Kibar Holding A.S. Case number: C-489-840-001 No case number was in place during the period of review for the companies listed below. Entries may have been made under C-489-840-000 or other company-specific numbers. ASAS Aluminyum Sanayi ve Ticaret A.S. (This company was inadvertently omitted from the Notice of Initiation and will be referenced in an upcoming Initiation Notice.) Kibar Americas, Inc. P.M.S. Metal Profil Aluminyum Sanayi Ve Ticaret A.S. CBP officers must also examine entries under C-489-840-000 and all existing company-specific case numbers to ensure the continued suspension of liquidation of entries during the applicable period of review for the producers and/or exporters listed above. 5. Entries of merchandise of the firms listed below should not be liquidated until specific instructions are issued. Continue to suspend liquidation of all entries of merchandise produced and/or exported by the listed firms entered, or withdrawn from warehouse, for consumption during the period 03/08/2021 through 12/31/2021: Company: Teknik Aluminyum Sanayi A.S.; TAC Metal Ticaret A.S. Case number: C-489-840-003 Note to CBP: Company number C-489-840-002 was deactivated on 07/21/2022. Therefore, during the POR, entries for Teknik Aluminyum Sanayi A.S.; TAC Metal Ticaret A.S. may have been made under C-489-840-002. Entries also may have been made under C-489-840-001. CBP officers must also examine entries under C-489-840-000 and all existing company-specific case numbers to ensure the continued suspension of liquidation of entries during the applicable period of review for the producers and/or exporters listed above. 6. The injunction with court number 21-00251 discussed in message number 1210403, dated 07/29/2021, is applicable to the entries produced and/or exported by Teknik Aluminyum Sanayi A.S., during the period 03/08/2021 through 03/31/2022. Entries for Teknik Aluminyum Sanayi A.S. may have been made under C-489-840-000, C-489-840-001, C-489-840-002, and C-489-840-003. See message 1075402 dated 03/16/2021 and corrected message 2227403 dated 08/15/2022. Accordingly, continue to suspend liquidation of such entries until liquidation instructions are issued. 7. Notice of the lifting of suspension of liquidation of entries of subject merchandise covered by paragraph 2 occurred with the publication of the notice of initiation of administrative review for the 04/2022 anniversary month (87 FR 35165, 06/09/2022). Unless instructed otherwise, for all other shipments of common alloy aluminum sheet from Turkey you shall continue to collect cash deposits of estimated countervailing duties for the merchandise at the current rates. 8. The assessment of countervailing duties by CBP on shipments or entries of this merchandise is subject to the provisions of section 778 of the Tariff Act of 1930, as amended. Section 778 requires that CBP pay interest on overpayments or assess interest on underpayments of the required amounts deposited as estimated countervailing duties. The interest provisions are not applicable to cash posted as estimated countervailing duties before the date of publication of the countervailing duty order. Interest shall be calculated from the date payment of estimated countervailing duties is required through the date of liquidation. The rate at which such interest is payable is the rate in effect under section 6621 of the Internal Revenue Code of 1954 for such period. 9. This instruction to liquidate entries covered by this message does not limit CBP's independent authority, including its authority to suspend, continue to suspend, or extend liquidation of entries addressed by this message. Accordingly, CBP should examine all entries for which this message directs liquidation to determine whether any such entries are subject to suspension, continued suspension, or extension of liquidation pursuant to CBP's independent authority (e.g., Enforce and Protect Act under section 517 of the Tariff Act of 1930, as amended). If entries of subject merchandise covered by this message are subject to suspension, continued suspension, or extension of liquidation pursuant to CBP's own authority, CBP port officials should follow CBP's internal procedures with respect to continuing any suspension, the lifting of suspension, and/or continuing any extension of liquidation for such entries. 10. If there are any questions by the importing public regarding this message, please contact the Call Center for the Office of AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, at (202) 482-0984. CBP ports should submit their inquiries through authorized CBP channels only. (This message was generated by OVII:GHC.) 11. There are no restrictions on the release of this information. Alexander Amdur