Aluminum Sheet Respondent Cites New Decisions in CIT Memo

Antidumping duty respondent Assan Aluminyum Sanayi added supplemental authorities to its case regarding the antidumping duty review on aluminum foil from Turkey, it said in its Oct. 30 notice at the Court of International Trade (Assan Aluminyum Sanayi ve Ticaret v. U.S., CIT # 21-00616).

Since Assan filed a motion for judgment in May, it said that three CIT opinions, as well as a remand redetermination and a preliminary administrative review determination in another proceeding also involving Assan, have been issued.

Assan said it will include both Noksel Celik Bory Sanayi A.S. v. U.S. and Icdas Celik Enerji Tersane ve Ulasim Sanayi v. U.S. (see 2308230027), as both relate to the duty drawback adjustment and Commerce’s requirement that only closed inward processing certificates be included in the numerator of Commerce’s per unit calculation. Assan also told the court it would reference Assan Aluminyum Sanayi v. U.S. (see 2308020023), which it said involves Commerce’s application of the duty drawback adjustment to Assan.

Assan brought the case to challenge Commerce's use of weight-averaged raw material premium costs for all control numbers because, it argued, it distorted costs. Assan also argued against Commerce's decisions to deduct the amount of Section 232 duties paid from its U.S. price, limit Assan's full duty drawback adjustment, and treat certain management fees as indirect selling expenses (see 2201040042).