Circular Welded Carbon Steel Pipes and Tubes from Thailand: Final Results of Antidumping Duty Administrative Review, 61019-61020 [E8-24481]
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Federal Register / Vol. 73, No. 200 / Wednesday, October 15, 2008 / Notices
DEPARTMENT OF COMMERCE
Foreign–Trade Zones Board
Docket 28–2007, Docket 29–2007, Docket
30–2007
Foreign–Trade Zone 158 - Vicksburg/
Jackson, MS, Requests for
Manufacturing Authority, Comment
Period on New EvidenceLane Furniture
Industries, Inc.; H.M. Richards, Inc.;
Bauhaus USA, Inc. (Upholstered
Furniture)
On October 8, 2008, the applicant in
the above–referenced proceedings made
a submission to the Foreign–Trade
Zones Board containing new factual
evidence on which there has not been
an opportunity for public comment.
Public comments limited to the
evidence in the October 8, 2008,
submission may be submitted until
November 14, 2008. Rebuttal comments
may be submitted during the subsequent
15-day period, until December 1, 2008.
Submissions (original and 3 copies)
shall be addressed to the Board’s
Executive Secretary at: Foreign–Trade
Zones Board, U.S. Department of
Commerce, Room 2111, 1401
Constitution Ave., NW, Washington, DC
20230. For further information, contact
Pierre Duy, examiner, at: (202) 482–
1378 or pierrelduy@ita.doc.gov.
Dated: October 9, 2008.
Andrew McGilvray,
Executive Secretary.
[FR Doc. E8–24479 Filed 10–14–08; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
(A–549–502)
Circular Welded Carbon Steel Pipes
and Tubes from Thailand: Final
Results of Antidumping Duty
Administrative Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On April 7, 2008, the
Department of Commerce (the
Department) published the preliminary
results of administrative review of the
antidumping duty order on circular
welded carbon steel pipes and tubes
from Thailand. The review was
requested by Allied Tube and Conduit
Corporation and Wheatland Tube
Company (collectively, petitioners), and
covers one producer of the subject
merchandise, Saha Thai Steel Pipe
(Public) Company, Ltd. (Saha Thai). The
period of review (POR) is March 1, 2006
jlentini on PROD1PC65 with NOTICES
AGENCY:
VerDate Aug<31>2005
18:32 Oct 14, 2008
Jkt 217001
through February 28, 2007. Based on
our analysis of the comments received,
we have made changes to the
preliminary results, which are discussed
in the ‘‘Changes Since the Preliminary
Results’’ section below. For the final
dumping margins, see the ‘‘Final Results
of Review’’ section below.
EFFECTIVE DATE: October 15, 2008.
FOR FURTHER INFORMATION CONTACT:
Myrna Lobo or Jacqueline Arrowsmith,
AD/CVD Operations, Office 6, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street & Constitution
Avenue, N.W., Washington, DC 20230;
telephone: (202) 482–2371 or (202) 482–
5255, respectively.
SUPPLEMENTARY INFORMATION:
Background
On April 7, 2008, the Department
published in the Federal Register the
preliminary results of the administrative
review of the antidumping duty order
on circular welded pipes and tubes from
Thailand. See Circular Welded Carbon
Steel Pipes and Tubes from Thailand:
Preliminary Results of Antidumping
Duty Administrative Review, 73 FR
18749 (April 7, 2008) (Preliminary
Results).
In the Preliminary Results, the
Department stated its intention to
request additional information from
Saha Thai on certain issues for which
the record of this administrative review
was not completely clear. On April 11,
2008, we issued a supplemental
questionnaire to Saha Thai and its
affiliated resellers. Saha Thai submitted
its response on May 5, 2008.
We invited parties to comment on the
Preliminary Results. On April 23, 2008,
we revised the due dates for comments
and informed parties of the same. On
May 21 and May 28, 2008, we received
timely case briefs and rebuttal briefs,
respectively, from both petitioners and
respondent.
On July 22, 2008, the Department
extended the final results from August
5, 2008 to October 6, 2008. See Circular
Welded Carbon Steel Pipes and Tubes
from Thailand: Extension of Time Limit
for Final Results of Antidumping Duty
Administrative Review, 73 FR 42548
(July 22, 2008).
Period of Review
The period of review (POR) is March
1, 2006 through February 28, 2007.
Scope of the Order
The products covered by this
antidumping order are certain welded
carbon steel pipes and tubes from
Thailand. The subject merchandise has
PO 00000
Frm 00003
Fmt 4703
Sfmt 4703
61019
an outside diameter of 0.375 inches or
more, but not exceeding 16 inches.
These products, which are commonly
referred to in the industry as ‘‘standard
pipe’’ or ‘‘structural tubing,’’ are
hereinafter designated as ‘‘pipes and
tubes.’’ 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),
our written description of the scope of
the order is dispositive.
Analysis of Comments Received
The issues raised in the case and
rebuttal briefs by parties to this
administrative review are addressed in
the Memorandum from Stephen J.
Claeys, Deputy Assistant Secretary for
Import Administration to David M.
Spooner, Assistant Secretary for Import
Administration: Issues and Decision
Memorandum for the Final Results of
the Administrative Review of the
Antidumping Duty Order on Circular
Welded Pipes and Tubes from Thailand
(Decision Memorandum), dated
concurrently with this notice and which
is hereby adopted by this notice. A list
of the issues addressed in the Decision
Memorandum is appended to this
notice. The Decision Memorandum is on
file in the Central Records Unit, room
1117 of the main Department of
Commerce building (CRU), and can be
accessed directly on the Web at https://
ia.ita.doc.gov/frn. The paper copy and
electronic version of the Decision
Memorandum are identical in content.
Changes Since the Preliminary Results
Based on our analysis of comments
received and our consideration of
information submitted by Saha Thai on
May 5, 2008 in its supplemental
questionnaire response, received
subsequent to the issuance of the
preliminary results, we have made
adjustments to our margin calculations.
We have granted Saha Thai a duty
drawback adjustment under section
772(c)(1)(B) the Tariff Act of 1930, as
amended (the Act), based on the
exemption of import duties on raw
materials used in the exported pipes
and tube. However, we have adjusted
the calculation of the yield factor used
in calculating this duty drawback
adjustment. We also added the value of
these exempted import duties to the cost
of manufacture. For these final results,
we decided to use the U.S. customs duty
as reported by Saha Thai. In addition,
E:\FR\FM\15OCN1.SGM
15OCN1
61020
Federal Register / Vol. 73, No. 200 / Wednesday, October 15, 2008 / Notices
we made certain modifications to the
program to ensure proper product
comparisons. These adjustments are
discussed in detail in the Decision
Memorandum.
Final Results of Review
As a result of our review, we
determine that the following weighted–
average margin exists for the period of
March 1, 2006 through February 28,
2007:
Weighted–
Average
Margin
(percent)
Manufacturer/Exporter
Saha Thai Steel Pipe (Public)
Company, Ltd. .........................
4.26
Assessment Rates
The Department shall determine, and
U.S. Customs and Border Protection
(CBP) shall assess, antidumping duties
on all appropriate entries. Pursuant to
19 CFR 351.212(b)(1) of the
Department’s regulations, the
Department calculates an assessment
rate for each importer of the subject
merchandise. The Department intends
to issue appropriate assessment
instructions directly to CBP 15 days
after the date of publication of these
final results of review.
The Department clarified its
‘‘automatic assessment’’ regulation on
May 6, 2003 (68 FR 23954). This
clarification will apply to entries of
subject merchandise during the period
of review produced by the company
included in these final results of review
for which the reviewed company did
not know their merchandise was
destined for the United States. In such
instances, we will instruct CBP to
liquidate unreviewed entries at the all–
others rate from the investigation if
there is no rate for the intermediate
company involved in the transaction.
For a full discussion of this clarification,
see Antidumping and Countervailing
Duty Proceedings: Assessment of
Antidumping Duties, 68 FR 23954 (May
6, 2003).
jlentini on PROD1PC65 with NOTICES
Cash Deposit Requirements
The following deposit requirements
will be effective upon publication of the
final results of this administrative
review for all shipments of subject
merchandise entered, or withdrawn
from warehouse, for consumption on or
after the publication date of these final
results, as provided by section
751(a)(2)(C) of the Act: (1) for the
company covered by this review, the
cash deposit rate will be the rate listed
above; (2) for merchandise exported by
VerDate Aug<31>2005
18:32 Oct 14, 2008
Jkt 217001
producers or exporters not covered in
this review but covered in a previous
segment of this proceeding, the cash
deposit rate will continue to be the
company–specific rate published in the
most recent final results in which that
producer or exporter participated; (3) if
the exporter is not a firm covered in this
review or in any previous segment of
this proceeding, but the producer is, the
cash deposit rate will be that established
for the producer of the merchandise in
these final results of review or in the
most recent final results in which that
producer participated; and, (4) if neither
the exporter nor the producer is a firm
covered in this review or in any
previous segment of this proceeding, the
cash deposit rate will be 15.67 percent,
the all–others rate established in the less
than fair value investigation. See
Circular Welded Carbon Steel Pipes and
Tubes from Thailand: Final
Determination of Sales at Less Than
Fair Value, 51 FR 3384 (January 27,
1986).
Notification to Importers
This notice also serves as a final
reminder to importers of their
responsibility under 19 CFR 351.402(f)
of the Department’s regulations 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 Secretary’s presumption
that reimbursement of antidumping
duties occurred, and in the subsequent
assessment of double antidumping
duties.
Notification Regarding Administrative
Protective Orders
This notice is the only reminder to
parties subject to the administrative
protective order (APO) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under the APO in accordance
with 19 CFR 351.305(a)(3) of the
Department’s regulations. Timely
written notification of the return or
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and the terms of an
APO is a sanctionable violation.
We are issuing and publishing these
final results and this notice in
accordance with sections 751(a)(1) and
777(i)(1) of the Act.
PO 00000
Frm 00004
Fmt 4703
Sfmt 4703
Dated: October 6, 2008.
David M. Spooner,
Assistant Secretary for Import
Administration.
Appendix I – Issues in Decision
Memorandum
Comment 1: Whether Saha Thai Has
Met Both Prongs of the Department’s
Duty Drawback Test
Comment 2: Whether Saha Thai Should
Receive an Upward Adjustment for Duty
Drawback/Exemption
Comment 3: Whether the Department
Should Add a ‘‘Third’’ Prong to Its
Eligibility Test
Comment 4: Whether the Department
Should Use Saha Thai’s Actual Yield
Factors in Evaluating the Duty
Exemption
Comment 5: Whether to Include
Exempted and Unpaid Duties on
Imported Raw Materials in Saha Thai’s
Reported Cost of Manufacture (COM)
Comment 6: Whether the Department
Needs to Make Corresponding
Adjustments to the G&A and Interest
Ratio Calculations if Unpaid Import
Duties Are Included in Saha Thai’s
COM
Comment 7: Whether to Deduct Ocean
Freight from C&F Value to Calculate
U.S. Duty
Comment 8: Level of Trade Adjustment
Comment 9: Whether Zeroing Is In
Accordance with the Antidumping
Statute or the International Obligations
of the United States
Comment 10: Whether the Department
Should Correct Alleged Errors in the
Preliminary G&A and Financial Expense
Ratio Calculations
Comment 11: Alleged Programming
Errors
[FR Doc. E8–24481 Filed 10–14–08; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XL06
Fisheries in the Western Pacific;
Marine Conservation Plan for Pacific
Insular Areas; Northern Mariana
Islands
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of agency decision.
AGENCY:
SUMMARY: NMFS announces the
approval of a three-year marine
conservation plan (MCP) for the
Northern Mariana Islands.
E:\FR\FM\15OCN1.SGM
15OCN1
Agencies
[Federal Register Volume 73, Number 200 (Wednesday, October 15, 2008)]
[Notices]
[Pages 61019-61020]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-24481]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
(A-549-502)
Circular Welded Carbon Steel Pipes and Tubes from Thailand: Final
Results of Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On April 7, 2008, the Department of Commerce (the Department)
published the preliminary results of administrative review of the
antidumping duty order on circular welded carbon steel pipes and tubes
from Thailand. The review was requested by Allied Tube and Conduit
Corporation and Wheatland Tube Company (collectively, petitioners), and
covers one producer of the subject merchandise, Saha Thai Steel Pipe
(Public) Company, Ltd. (Saha Thai). The period of review (POR) is March
1, 2006 through February 28, 2007. Based on our analysis of the
comments received, we have made changes to the preliminary results,
which are discussed in the ``Changes Since the Preliminary Results''
section below. For the final dumping margins, see the ``Final Results
of Review'' section below.
EFFECTIVE DATE: October 15, 2008.
FOR FURTHER INFORMATION CONTACT: Myrna Lobo or Jacqueline Arrowsmith,
AD/CVD Operations, Office 6, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14\th\ Street &
Constitution Avenue, N.W., Washington, DC 20230; telephone: (202) 482-
2371 or (202) 482-5255, respectively.
SUPPLEMENTARY INFORMATION:
Background
On April 7, 2008, the Department published in the Federal Register
the preliminary results of the administrative review of the antidumping
duty order on circular welded pipes and tubes from Thailand. See
Circular Welded Carbon Steel Pipes and Tubes from Thailand: Preliminary
Results of Antidumping Duty Administrative Review, 73 FR 18749 (April
7, 2008) (Preliminary Results).
In the Preliminary Results, the Department stated its intention to
request additional information from Saha Thai on certain issues for
which the record of this administrative review was not completely
clear. On April 11, 2008, we issued a supplemental questionnaire to
Saha Thai and its affiliated resellers. Saha Thai submitted its
response on May 5, 2008.
We invited parties to comment on the Preliminary Results. On April
23, 2008, we revised the due dates for comments and informed parties of
the same. On May 21 and May 28, 2008, we received timely case briefs
and rebuttal briefs, respectively, from both petitioners and
respondent.
On July 22, 2008, the Department extended the final results from
August 5, 2008 to October 6, 2008. See Circular Welded Carbon Steel
Pipes and Tubes from Thailand: Extension of Time Limit for Final
Results of Antidumping Duty Administrative Review, 73 FR 42548 (July
22, 2008).
Period of Review
The period of review (POR) is March 1, 2006 through February 28,
2007.
Scope of the Order
The products covered by this antidumping order are certain 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. These products, which are commonly referred to in the industry
as ``standard pipe'' or ``structural tubing,'' are hereinafter
designated as ``pipes and tubes.'' 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), our written description of the scope of
the order is dispositive.
Analysis of Comments Received
The issues raised in the case and rebuttal briefs by parties to
this administrative review are addressed in the Memorandum from Stephen
J. Claeys, Deputy Assistant Secretary for Import Administration to
David M. Spooner, Assistant Secretary for Import Administration: Issues
and Decision Memorandum for the Final Results of the Administrative
Review of the Antidumping Duty Order on Circular Welded Pipes and Tubes
from Thailand (Decision Memorandum), dated concurrently with this
notice and which is hereby adopted by this notice. A list of the issues
addressed in the Decision Memorandum is appended to this notice. The
Decision Memorandum is on file in the Central Records Unit, room 1117
of the main Department of Commerce building (CRU), and can be accessed
directly on the Web at https://ia.ita.doc.gov/frn. The paper copy and
electronic version of the Decision Memorandum are identical in content.
Changes Since the Preliminary Results
Based on our analysis of comments received and our consideration of
information submitted by Saha Thai on May 5, 2008 in its supplemental
questionnaire response, received subsequent to the issuance of the
preliminary results, we have made adjustments to our margin
calculations. We have granted Saha Thai a duty drawback adjustment
under section 772(c)(1)(B) the Tariff Act of 1930, as amended (the
Act), based on the exemption of import duties on raw materials used in
the exported pipes and tube. However, we have adjusted the calculation
of the yield factor used in calculating this duty drawback adjustment.
We also added the value of these exempted import duties to the cost of
manufacture. For these final results, we decided to use the U.S.
customs duty as reported by Saha Thai. In addition,
[[Page 61020]]
we made certain modifications to the program to ensure proper product
comparisons. These adjustments are discussed in detail in the Decision
Memorandum.
Final Results of Review
As a result of our review, we determine that the following
weighted-average margin exists for the period of March 1, 2006 through
February 28, 2007:
------------------------------------------------------------------------
Weighted-
Manufacturer/Exporter Average Margin
(percent)
------------------------------------------------------------------------
Saha Thai Steel Pipe (Public) Company, Ltd............. 4.26
------------------------------------------------------------------------
Assessment Rates
The Department shall determine, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries. Pursuant to 19 CFR 351.212(b)(1) of the Department's
regulations, the Department calculates an assessment rate for each
importer of the subject merchandise. The Department intends to issue
appropriate assessment instructions directly to CBP 15 days after the
date of publication of these final results of review.
The Department clarified its ``automatic assessment'' regulation on
May 6, 2003 (68 FR 23954). This clarification will apply to entries of
subject merchandise during the period of review produced by the company
included in these final results of review for which the reviewed
company did not know their merchandise was destined for the United
States. In such instances, we will instruct CBP to liquidate unreviewed
entries at the all-others rate from the investigation if there is no
rate for the intermediate company involved in the transaction. For a
full discussion of this clarification, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003).
Cash Deposit Requirements
The following deposit requirements will be effective upon
publication of the final results of this administrative review for all
shipments of subject merchandise entered, or withdrawn from warehouse,
for consumption on or after the publication date of these final
results, as provided by section 751(a)(2)(C) of the Act: (1) for the
company covered by this review, the cash deposit rate will be the rate
listed above; (2) for merchandise exported by producers or exporters
not covered in this review but covered in a previous segment of this
proceeding, the cash deposit rate will continue to be the company-
specific rate published in the most recent final results in which that
producer or exporter participated; (3) if the exporter is not a firm
covered in this review or in any previous segment of this proceeding,
but the producer is, the cash deposit rate will be that established for
the producer of the merchandise in these final results of review or in
the most recent final results in which that producer participated; and,
(4) if neither the exporter nor the producer is a firm covered in this
review or in any previous segment of this proceeding, the cash deposit
rate will be 15.67 percent, the all-others rate established in the less
than fair value investigation. See Circular Welded Carbon Steel Pipes
and Tubes from Thailand: Final Determination of Sales at Less Than Fair
Value, 51 FR 3384 (January 27, 1986).
Notification to Importers
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f) of the Department's regulations
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 Secretary's
presumption that reimbursement of antidumping duties occurred, and in
the subsequent assessment of double antidumping duties.
Notification Regarding Administrative Protective Orders
This notice is the only reminder to parties subject to the
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under the APO in accordance with 19 CFR 351.305(a)(3) of the
Department's regulations. Timely written notification of the return or
destruction of APO materials or conversion to judicial protective order
is hereby requested. Failure to comply with the regulations and the
terms of an APO is a sanctionable violation.
We are issuing and publishing these final results and this notice
in accordance with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: October 6, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.
Appendix I - Issues in Decision Memorandum
Comment 1: Whether Saha Thai Has Met Both Prongs of the Department's
Duty Drawback Test
Comment 2: Whether Saha Thai Should Receive an Upward Adjustment for
Duty Drawback/Exemption
Comment 3: Whether the Department Should Add a ``Third'' Prong to Its
Eligibility Test
Comment 4: Whether the Department Should Use Saha Thai's Actual Yield
Factors in Evaluating the Duty Exemption
Comment 5: Whether to Include Exempted and Unpaid Duties on Imported
Raw Materials in Saha Thai's Reported Cost of Manufacture (COM)
Comment 6: Whether the Department Needs to Make Corresponding
Adjustments to the G&A and Interest Ratio Calculations if Unpaid Import
Duties Are Included in Saha Thai's COM
Comment 7: Whether to Deduct Ocean Freight from C&F Value to Calculate
U.S. Duty
Comment 8: Level of Trade Adjustment
Comment 9: Whether Zeroing Is In Accordance with the Antidumping
Statute or the International Obligations of the United States
Comment 10: Whether the Department Should Correct Alleged Errors in the
Preliminary G&A and Financial Expense Ratio Calculations
Comment 11: Alleged Programming Errors
[FR Doc. E8-24481 Filed 10-14-08; 8:45 am]
BILLING CODE 3510-DS-S