Common Alloy Aluminum Sheet From the Republic of Türkiye: Notice of Court Decision Not in Harmony With the Final Determination of Antidumping Investigation; Notice of Amended Final Determination
On June 17, 2026, the U.S. Court of International Trade (CIT) issued its final judgment in Assan Aluminyum Sanayi ve Ticaret A.S. v. United States, Consol. Court No. 21-00246, s...
Enforcement and Compliance, International Trade Administration, Department of Commerce.
SUMMARY:
On June 17, 2026, the U.S. Court of International Trade (CIT) issued its final judgment in
Assan Aluminyum Sanayi ve Ticaret A.S.
v.
United States,
Consol. Court No. 21-00246, sustaining the U.S. Department of Commerce's (Commerce) third remand redetermination pertaining to the antidumping duty (AD) investigation of common alloy aluminum sheet from the Republic of Türkiye (Türkiye) covering the period of investigation from January 1, 2019,
( printed page 40978)
through December 31, 2019.[1]
Commerce is notifying the public that the CIT's final judgment is not in harmony with Commerce's final determination in the investigation and that Commerce is amending the final determination and the resulting AD order with respect to the dumping margin assigned to Assan Aluminyum Sanayi ve Ticaret A.S. (Assan).
DATES:
Applicable June 27, 2026.
FOR FURTHER INFORMATION CONTACT:
Nathan Depew, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-5823.
SUPPLEMENTARY INFORMATION:
Background
On March 8, 2021, Commerce published its
Final Determination
in the AD investigation of common alloy aluminum sheet from Türkiye. Commerce calculated weighted-average dumping margins of 2.02 percent for Assan, 13.56 percent for Teknik Aluminyum Sanayi A.S. (Teknik), and 4.85 percent for all other producers and exporters.[2]
Commerce subsequently published the AD order on common alloy aluminum sheet from Türkiye.[3]
Assan and the Aluminum Association [4]
both appealed the
Final Determination.
On July 27, 2021, the CIT consolidated the actions challenging the determination. On March 1, 2023, the CIT remanded the
Final Determination
for Commerce to reconsider or further explain, among other issues, Commerce's duty drawback adjustment methodology in light of recent precedent given by the U.S. Court of Appeals for the Federal Circuit (Federal Circuit).[5]
In its first remand redetermination, issued on May 31, 2023, Commerce recalculated Assan's dumping margin to be below the
de minimis
level of two percent.[6]
The Aluminum Association challenged Commerce's method of calculating the duty drawback adjustment in the
First Remand Results.
On April 11, 2024, the CIT remanded the first remand redetermination for Commerce to reconsider or further explain its duty drawback methodology and respond to the Aluminum Association's arguments.[7]
On July 31, 2024, Commerce issued its second remand redetermination, in which Commerce accepted Assan's June 6 and June 20, 2024, submissions, granted a duty drawback adjustment for sales associated with IPC 7905 and IPC 7734, and again found a
de minimis
dumping margin for Assan.[8]
On May 21, 2025, the CIT remanded the second remand redetermination for Commerce to address remaining arguments concerning Assan's drawback eligibility, including arguments regarding the timeliness of Assan's June 20 submission and verification.[9]
On September 9, 2025, Commerce issued its third remand redetermination. In the third remand redetermination, Commerce determined that Assan's June 20 submission was untimely, concluded that although IPC 7734 was closed there was insufficient support on the record to grant a per unit duty drawback adjustment for that IPC, and found that further verification was unwarranted. In this remand redetermination, Commerce recalculated Assan's dumping margin to 2.14 percent.[10]
On June 17, 2026, the CIT sustained Commerce's third remand redetermination.
Timken Notice
In its decision in
Timken,[11]
as clarified by
Diamond Sawblades,[12]
the Federal Circuit held that, pursuant to sections 516A(c) and (e) of the Tariff Act of 1930, as amended (the Act), Commerce must publish a notice of court decision that is not “in harmony” with a Commerce determination and must suspend liquidation of entries pending a “conclusive” court decision. The CIT's June 17, 2026, judgment constitutes a final decision of the CIT that is not in harmony with Commerce's
Final Determination.
Thus, this notice is published in fulfillment of the publication requirements of
Timken.
Amended Final Determination
Because there is now a final court judgment, Commerce is amending its
Final Determination
with respect to Assan as follows:
Exporter or producer
Final determination
weighted-average
dumping margin 13
(percent)
Amended final
determination
weighted-average
dumping margin 14
(percent)
Assan Aluminyum Sanayi ve Ticaret A.S
2.02
2.14
Teknik Aluminyum Sanayi A.S
13.56
13.56
All Others
4.85
4.85
( printed page 40979)
Cash Deposit Requirements
Commerce will issue revised cash deposit instructions to U.S. Customs and Border Protection (CBP).
Because Assan has a superseding cash deposit rate,
i.e.,
there have been final results published in a subsequent administrative review, this notice will not affect the current cash deposit rate for Assan. For all other producers and exporters that do not have a superseding cash deposit rate, Commerce will issue revised deposit instructions to CBP.
Notification to Interested Parties
This notice is issued and published in accordance with sections 516A(c) and (e), and 777(i)(1) of the Act.
Dated: June 30, 2026.
Christopher Abbott,
Deputy Assistant Secretary for Policy and Negotiations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance.
Footnotes
1.
See Common Alloy Aluminum Sheet From Turkey: Final Affirmative Determination of Sales at Less Than Fair Value,86 FR 13326 (March 8, 2021) (
Final Determination),
and accompanying Issues and Decision Memorandum.
3.
See Common Alloy Aluminum Sheet From Bahrain, Brazil, Croatia, Egypt, Germany, India, Indonesia, Italy, Oman, Romania, Serbia, Slovenia, South Africa, Spain, Taiwan and the Republic of Turkey: Antidumping Duty Orders,86 FR 22139, 22142 (April 27, 2021) (
Order).
4.
The Aluminum Association Common Alloy Aluminum Sheet Trade Enforcement Working Group and its Individual Members, Aleris Rolled Products, Inc., Arconic, Inc., Constellium Rolled Products Ravenswood, LLC, JW Aluminum Company, Novelis Corporation, and Texarkana Aluminum, Inc. (collectively, Aluminum Association).
6.
See
Final Results of Redetermination Pursuant to Court Remand, (Dep't Commerce May 31, 2023), ECF No. 94 (
First Remand Results), discussed in
Assan Aluminyum Sanayi ve Ticaret A.S.
v.
United States,
Consol. Court No. 21-00246, 701 F. Supp. 3d 1321, 1326 (CIT 2024) (
Assan II).
8.
See
Final Results of Second Redetermination Pursuant to Court Remand, (Dep't Commerce July 31, 2024), ECF No. 122 (Second Remand Results),discussed in
Assan Aluminyum Sanayi ve Ticaret A.S.
v.
United States,
789 F. Supp. 3d 1257, 1269 (CIT 2025) (
Assan III).
10.
See
Final Results of Third Redetermination Pursuant to Court Remand, (Dep't Commerce September 9, 2025), ECF no. 158, 159 (Third Remand Results);
Assan Aluminyum Sanayi ve Ticaret A.S.
v.
United States,
Consol. Court No. 21-00246, Slip Op. 26-65 (CIT June 17, 2026) (
Assan IV) (sustaining Commerce's Third Remand Results).
Use this for formal legal and research references to the published document.
91 FR 40977
Web Citation
Suggested Web Citation
Use this when citing the archival web version of the document.
“Common Alloy Aluminum Sheet From the Republic of Türkiye: Notice of Court Decision Not in Harmony With the Final Determination of Antidumping Investigation; Notice of Amended Final Determination,” thefederalregister.org (July 6, 2026), https://thefederalregister.org/documents/2026-13513/common-alloy-aluminum-sheet-from-the-republic-of-t-rkiye-notice-of-court-decision-not-in-harmony-with-the-final-determin.