Circular Welded Carbon Steel Pipes and Tubes From Thailand: Preliminary Results of Antidumping Duty Administrative Review; 2012-2013, 22794-22795 [2014-09361]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 79, Number 79 (Thursday, April 24, 2014)]
[Notices]
[Pages 22794-22795]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-09361]



[[Page 22794]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-549-502]


Circular Welded Carbon Steel Pipes and Tubes From Thailand: 
Preliminary Results of Antidumping Duty Administrative Review; 2012-
2013

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (the Department) is conducting an 
administrative review of the antidumping duty order on circular welded 
carbon steel pipes and tubes from Thailand. This review covers two 
producers or exporters of the subject merchandise, Saha Thai Steel Pipe 
(Public) Company, Ltd. (Saha Thai), and Pacific Pipe Company Limited 
(Pacific Pipe). The period of review (POR) is March 1, 2012, through 
February 28, 2013. The Department preliminarily determines that Saha 
Thai sold subject merchandise at less than normal value (NV), and that 
Pacific Pipe had no shipments of subject merchandise during the POR. 
The preliminary results are listed below in the section titled 
``Preliminary Results of Review.'' Interested parties are invited to 
comment on these preliminary results.

DATES: Effective Date: April 24, 2014.

FOR FURTHER INFORMATION CONTACT: Jason Rhoads, AD/CVD Operations, 
Office VII, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
0123.

SUPPLEMENTARY INFORMATION: 

Scope of the Order

    The products covered by the antidumping order are certain circular 
welded carbon steel pipes and tubes from Thailand. The subject 
merchandise has an outside diameter of 0.375 inches or more, but not 
exceeding 16 inches. The merchandise is classifiable under the 
Harmonized Tariff Schedule of the United States (HTSUS) item numbers 
7306.30.1000, 7306.30.5025, 7306.30.5032, 7306.30.5040, 7306.30.5055, 
7306.30.5085 and 7306.30.5090. Although the HTSUS subheadings are 
provided for convenience and purposes of U.S. Customs and Border 
Protection (CBP), the written description of the merchandise subject to 
the order, available in the Preliminary Decision Memorandum,\1\ is 
dispositive.
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    \1\ See Memorandum to Paul Piquado, Assistant Secretary for 
Enforcement and Compliance, from James Maeder, Director, Office II, 
Antidumping and Countervailing Duty Operations, entitled ``Decision 
Memorandum for the Preliminary Results of Antidumping Duty 
Administrative Review: Circular Welded Carbon Steel Pipes and Tubes 
From Thailand; 2012-2013 Administrative Review'' (Preliminary 
Decision Memorandum), dated concurrently with this notice.
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Preliminary Determination of No Shipments

    Pacific Pipe, in a letter dated June 17, 2013, reported that it 
made no shipments or sales of subject merchandise during the POR. Based 
on the certification of Pacific Pipe and our analysis of CBP 
information, we preliminarily determine that Pacific Pipe had no 
shipments during the POR. However, the Department finds that it is not 
appropriate to rescind the review with respect to Pacific Pipe, but 
rather to complete the review with respect to Pacific Pipe and issue 
appropriate instructions to CBP based on the final results of this 
review.\2\
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    \2\ See, e.g., Magnesium Metal From the Russian Federation: 
Preliminary Results of Antidumping Duty Administrative Review, 75 FR 
26922, 26923 (May 13, 2010), unchanged in Magnesium Metal From the 
Russian Federation: Final Results of Antidumping Duty Administrative 
Review, 75 FR 56989 (September 17, 2010).
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Methodology

    The Department conducted this review in accordance with section 
751(a)(2) of the Tariff Act of 1930, as amended (the Act). Export price 
is calculated in accordance with section 772 of the Act. NV is 
calculated in accordance with section 773 of the Act. In accordance 
with section 773(b) of the Act, we disregarded certain sales by Saha 
Thai in the home market which were made at below-cost prices and which 
were otherwise outside of the ordinary course of trade. To determine 
the appropriate comparison method, the Department applied a 
differential pricing analysis, and preliminarily determined to use the 
average-to-transaction method for all U.S. sales to calculate the 
weighted-average dumping margin for Saha Thai.
    For a full description of the methodology underlying these 
preliminary results, see the Preliminary Decision Memorandum, which is 
hereby adopted by this notice. The Preliminary Decision Memorandum is a 
public document and is on file electronically via Enforcement and 
Compliance's Antidumping and Countervailing Duty Centralized Electronic 
Service System (IAACCESS). IAACCESS is available to registered users at 
https://iaaccess.trade.gov, and is available to all parties in the 
Central Records Unit, room 7046 of the main Department of Commerce 
building. In addition, a complete version of the Preliminary Decision 
Memorandum can be accessed directly on the Internet at https://www.trade.gov/enforcement/. The signed Preliminary Decision Memorandum 
and the electronic versions of the Preliminary Decision Memorandum are 
identical in content.

Preliminary Results of Review

    As a result of our review, we preliminarily determine the following 
weighted-average dumping margins exist for the period March 1, 2012, 
through February 28, 2013.

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                     Producer/exporter                         dumping
                                                                margin
                                                              (percent)
------------------------------------------------------------------------
Saha Thai Steel Pipe (Public) Company, Ltd.................         1.03
Pacific Pipe Company Limited...............................          (*)
------------------------------------------------------------------------
* No shipments or sales subject to this review. The firm has an
  individual rate from a prior segment of the proceeding in which the
  firm had shipments or sales.

Disclosure and Public Comment

    We will disclose the calculations used in our analysis to parties 
in this review within five days of the date of publication of this 
notice in accordance with 19 CFR 351.224(b). Any interested party may 
request a hearing within 30 days of the publication of this notice in 
the Federal Register in accordance with 19 CFR 310(c).\3\ If a hearing 
is requested, the Department will notify interested parties of the 
hearing schedule.
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    \3\ Parties requesting a hearing or submitting written comments 
must submit such documents pursuant to the Department's e-filing 
regulations. See 19 CFR 351.303.
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    Interested parties are invited to comment on the preliminary 
results of this review. Unless extended by the Department, interested 
parties must submit case briefs within 30 days of the date of 
publication of this notice. Rebuttal briefs, which must be limited to 
issues raised in the case briefs, must be filed not later than five 
days after the time limit for filing case briefs.\4\ Parties who submit 
case briefs or rebuttal briefs in this review are requested to submit 
with each argument: (1) A statement of the issue, (2) a brief summary 
of the argument, and (3) a table of authorities. Executive summaries 
should be limited to five pages total, including footnotes.\5\
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    \4\ See 19 CFR 351.309(c) and (d).
    \5\ Id.

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[[Page 22795]]

    We intend to issue the final results of this administrative review, 
including the results of our analysis of issues raised in the written 
comments, within 120 days of publication of these preliminary results 
in the Federal Register, unless otherwise extended.\6\
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    \6\ See section 751(a)(3)(A) of the Act.
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Assessment Rates

    Upon completion of this administrative review, the Department shall 
determine and CBP shall assess antidumping duties on all appropriate 
entries. If Saha Thai's weighted-average dumping margin is not zero or 
de minimis (i.e., less than 0.5 percent) in the final results of this 
review, we will calculate importer-specific ad valorem assessment rates 
on the basis of the ratio of the total amount of dumping calculated for 
an importer's examined sales and the total entered value of such sales 
in accordance with 19 CFR 351.212(b)(1). Where Saha Thai did not report 
the entered value for its sales, we will calculate importer-specific, 
per-unit duty assessment rates. Where an importer-specific assessment 
rate is zero or de minimis, we will instruct CBP to liquidate the 
appropriate entries without regard to antidumping duties in accordance 
with 19 CFR 351.106(c)(2). If Saha Thai's weighted-average dumping 
margin is zero or de minimis in the final results of this review, we 
will instruct CBP to liquidate the appropriate entries without regard 
to antidumping duties in accordance with the Final Modification for 
Reviews.\7\
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    \7\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Proceedings: Final Modification, 77 FR 8101, 8102 (February 14, 
2012) (Final Modification for Reviews) (``Where the weighted-average 
margin of dumping for the exporter is determined to be zero or de 
minimis, no antidumping duties will be assessed.'').
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    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003.\8\ This clarification applies to entries of subject 
merchandise during the POR produced by Saha Thai for which it did not 
know its merchandise was destined for the United States. In such 
instances, we will instruct CBP to liquidate unreviewed entries at the 
all-others rate if there is no rate for the intermediate company(ies) 
involved in the transaction.
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    \8\ For a full discussion of this clarification, see Antidumping 
and Countervailing Duty Proceedings: Assessment of Antidumping 
Duties, 68 FR 23954 (May 6, 2003) (Assessment Policy Notice).
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    Consistent with the Assessment Policy Notice, if we continue to 
find that Pacific Pipe had no shipments of subject merchandise to the 
United States in the final results of this review, we intend to 
instruct CBP to liquidate all existing entries of merchandise produced 
by Pacific Pipe and exported by other parties at the all-others rate.
    We intend to issue instructions to CBP 15 days after publication of 
the final results of this review.

Cash Deposit Requirements

    The following cash deposit requirements will be effective for all 
shipments of circular welded carbon steel pipes and tubes from Thailand 
entered, or withdrawn from warehouse, for consumption on or after the 
date of publication of the final results of this administrative review, 
as provided for by section 751(a)(2)(C) of the Act: (1) The cash 
deposit rate for the company under review will be equal to the 
weighted-average dumping margin established in the final results of 
this review (except, if that rate is zero or de minimis, then no cash 
deposit will be required); (2) for previously reviewed or investigated 
companies not listed above in the Preliminary Results of Review, the 
cash deposit rate will continue to be the company-specific rate 
published for the most recently completed segment of this proceeding; 
(3) if the exporter is not a firm covered in this review or another 
completed segment of this proceeding, but the manufacturer is, then the 
cash deposit rate will be the rate established for the most recently 
completed segment of this proceeding for the manufacturer of the 
merchandise; and (4) if neither the exporter nor the manufacturer is a 
firm covered in this or any previously completed segment of this 
proceeding, then the cash deposit rate will be the ``all-others'' rate 
of 15.67 percent established in the less-than-fair-value 
investigation.\9\ These deposit requirements, when imposed, shall 
remain in effect until further notice.
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    \9\ See Order.
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Notification to Importers

    This notice also serves as a preliminary reminder to importers of 
their responsibility under 19 CFR 351.402(f) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in the Department's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of doubled antidumping duties.
    These preliminary results of administrative review are issued and 
published in accordance with sections 751(a)(1) and 777(i)(1) of the 
Act.

    Dated: April 17, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Preliminary Decision 
Memorandum:

I. Summary
II. Background
III. Scope of the Order
IV. Preliminary Determination of No Shipments
V. Comparisons to Normal Value
VI. Product Comparisons
VII. Discussion of Methodology
    A. Determination of Comparison Method
    B. Results of the Differential Pricing Analysis
    C. Date of Sale
    D. Export Price
    E. Normal Value
    F. Currency Conversion

[FR Doc. 2014-09361 Filed 4-23-14; 8:45 am]
BILLING CODE 3510-DS-P