Circular Welded Carbon Steel Pipes and Tubes From Thailand: Final Results of Antidumping Duty New Shipper Review, 4529-4531 [2010-1783]
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Federal Register / Vol. 75, No. 18 / Thursday, January 28, 2010 / Notices
mstockstill on DSKH9S0YB1PROD with NOTICES
SUMMARY: NMFS is required by the
Endangered Species Act of 1973 (ESA),
as amended (16 U.S.C. 1531 et seq.), to
develop plans for the conservation and
survival of federally listed species, i.e.,
recovery plans. NMFS is announcing its
intent to prepare a recovery plan for the
Cook Inlet beluga whale
(Delphinapterus leucas) and requests
information from the public.
DATES: All information must be received
no later than 5 p.m. Alaska Time by
March 29, 2010.
ADDRESSES: Submit materials by any of
the following methods:
• E-mail: The mailbox address for
submitting e-mail information for
recovery planning is CIBRP@noaa.gov.
Please include ‘‘Cook Inlet Beluga
Recovery Plan Information’’ in the
subject line of the e-mail.
• Mail: Submit written comments and
information to National Marine
Fisheries Service, P.O. Box 21668,
Juneau, AK 99802, ATTN: Ellen
Sebastian.
• Hand Delivery/Courier: National
Marine Fisheries Service, 709 West 9th
Street, Room 420, Juneau, AK 99802.
Business hours are 8 a.m. to 5 p.m.,
Monday through Friday, except federal
holidays.
• Fax: (907) 586–7557. Please identify
the fax comments as ‘‘Cook Inlet Beluga
Recovery Plan Information.’’
FOR FURTHER INFORMATION CONTACT:
Mandy Migura, Marine Mammal
Specialist, Anchorage Field Office, (907)
271–1332.
SUPPLEMENTARY INFORMATION:
Background
Management responsibility for beluga
whales in Alaska lies with the Secretary
of Commerce and has been delegated to
NMFS. As such, NMFS is charged with
the recovery of Cook Inlet belugas,
which are listed as endangered under
the ESA. The recovery planning process
is guided by the statutory language of
section 4(f) of the ESA and NMFS
policies. Recovery is the use of all
methods and procedures which are
necessary to bring any endangered
species or threatened species to the
point at which the measures provided
pursuant to the ESA are no longer
necessary. The ESA specifies that
recovery plans must include: (1) a
description of management actions as
may be necessary to achieve the plan’s
goals for the conservation and survival
of the species; (2) objective, measurable
criteria which, when met, would result
in the species being removed from the
list; and (3) estimates of time and costs
required to achieve the plan’s goal and
the intermediate steps towards that goal.
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17:16 Jan 27, 2010
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In an effort to expedite the recovery
plan process, NMFS will work towards
incorporating relevant portions of the
final Conservation Plan for the Cook
Inlet Beluga Whale into the draft
Recovery Plan.
Section 4(f) of the ESA, as amended
in 1988, requires that public notice—
and an opportunity for public review
and comment—be provided during
recovery plan development. NMFS is
hereby soliciting relevant information
on Cook Inlet beluga whales and their
habitats. Upon completion, the draft
Recovery Plan will be available for
public review and comment through the
publication of a Federal Register Notice.
NMFS requests relevant information
from the public during preparation of
the draft Recovery Plan. Such
information should address: (a) criteria
for removing the Cook Inlet beluga
whales from the list of threatened and
endangered species; (b) factors that are
presently limiting, or threaten to limit,
the survival of the belugas; (c) actions to
address limiting factors and threats; (d)
estimates of time and cost to implement
recovery actions; and (e) research,
monitoring, and evaluation needs.
Authority: 16 U.S.C. 1531 et seq.
Dated: January 22, 2010.
Therese Conant,
Deputy Chief, Division of Endangered
Species, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2010–1769 Filed 1–27–10; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
International Trade Administration
[A–549–502]
Circular Welded Carbon Steel Pipes
and Tubes From Thailand: Final
Results of Antidumping Duty New
Shipper Review
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On August 31, 2009, the
Department of Commerce (the
Department) published the preliminary
results of a semiannual new shipper
review under the antidumping duty
order on circular welded carbon steel
pipes and tubes (pipes and tubes) from
Thailand. See Circular Welded Carbon
Steel Pipes and Tubes from Thailand:
Preliminary Results of Antidumping
Duty New Shipper Review, 74 FR 44825
(August 31, 2009) (Preliminary Results).
This new shipper review covers one
producer/exporter of the subject
merchandise to the United States,
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4529
Pacific Pipe Public Company Limited
(Pacific Pipe). The period of review
(POR) is March 1, 2008 through
September 30, 2008. Subsequent to the
Preliminary Results, we conducted
verification and provided parties with
an opportunity to comment. We
received timely case and rebuttal briefs,
and have made changes to our
calculation as a result of verification
and based on our analysis of the
comments. Therefore, the final results
differ from those published in the
Department’s Preliminary Results. The
final weighted-average dumping margin
for the reviewed firm is listed below in
the section entitled ‘‘Final Results of the
Review.’’
DATES: Effective Date: January 28, 2010.
FOR FURTHER INFORMATION CONTACT:
Myrna Lobo, AD/CVD Operations,
Office 6, Import Administration,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue, NW.,
Washington, DC 20230; telephone: (202)
482–2371.
SUPPLEMENTARY INFORMATION:
Background
On August 31, 2009, the Department
published the preliminary results of a
semiannual new shipper review under
the antidumping duty order covering
pipes and tubes from Thailand. See
Preliminary Results. The domestic
interested parties for this proceeding are
Allied Tube & Conduit Corporation and
Wheatland Tube Company (petitioners).
On September 17, 2009, the
Department issued a third supplemental
questionnaire to Pacific Pipe in order to
evaluate further the bona fide nature of
Pacific Pipe’s U.S. sale and to seek
clarification on sales information
previously submitted. Pacific Pipe
timely responded on September 29,
2009. The Department conducted a
verification of Pacific Pipe in Bangkok,
Thailand in October 2009 and issued a
verification report. See Memorandum to
File from Myrna Lobo, International
Trade Compliance Analyst, Office 6,
Verification of the Sales Response of
Pacific Pipe Public Company, Limited in
the Antidumping New Shipper Review
of Circular Welded Carbon Steel Pipes
and Tubes from Thailand, dated
November 5, 2009 (Verification Report).
We invited parties to comment on the
Preliminary Results and Verification
Report. We received a timely filed case
brief from Pacific Pipe and a timely filed
rebuttal brief from petitioners. The
Department did not receive a request for
a hearing.
On November 19, 2009, the
Department published a notice
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Federal Register / Vol. 75, No. 18 / Thursday, January 28, 2010 / Notices
extending the deadline for the final
results to January 21, 2009. See Circular
Welded Carbon Steel Pipes and Tubes
from Thailand: Extension of Time Limit
for Final Results of Antidumping Duty
New Shipper Review, 74 FR 59961
(November 19, 2009).
mstockstill on DSKH9S0YB1PROD with NOTICES
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.
Bona Fides Analysis of U.S. Sale
In the Preliminary Results, we
determined that Pacific Pipe’s U.S. sale
was a bona fide transaction. See
Memorandum to Dana Mermelstein,
Program Manager, from Myrna Lobo,
Case Analyst, regarding Bona Fide
Nature of the Sale in the Antidumping
Duty New Shipper Review of Circular
Welded Carbon Steel Pipes and Tubes
from Thailand: Pacific Pipe Public
Company, Limited, dated August 24,
2009 (Bona Fides Preliminary
Memorandum). The Department also
stated it would continue to examine,
through the remainder of the review, all
factors relating to the bona fides of the
sale. We have further examined the
bona fides of Pacific Pipe’s U.S. sale,
and for these final results we continue
to find the sale to be a bona fide
transaction. For further details, see
Memorandum to Dana Mermelstein,
Program Manager, from Myrna Lobo,
Case Analyst, Bona Fide Analysis of
Pacific Pipe’s U.S. Sale for the Final
Results of Antidumping Duty New
Shipper Review of Circular Welded
Carbon Steel Pipes and Tubes from
Thailand: Pacific Pipe Public Company,
Limited, dated concurrently with this
notice (Bona Fides Final Memorandum).
Verification
As provided in 19 CFR
351.307(b)(1)(iv), the Department
conducted verification of Pacific Pipe’s
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17:16 Jan 27, 2010
Jkt 220001
questionnaire responses at the
company’s offices in Bangkok, Thailand
from October 5 through 8, 2009. Our
verification results are detailed in the
Verification Report.
Analysis of Comments Received
All issues raised in Pacific Pipe’s case
brief and petitioners’ rebuttal brief are
addressed in the Memorandum to
Ronald K. Lorentzen, Deputy Assistant
Secretary for Import Administration,
from John M. Andersen, Acting Deputy
Assistant Secretary for Antidumping
and Countervailing Duty Operations,
Antidumping Duty New Shipper Review
of Circular Welded Carbon Steel Pipes
and Tubes from Thailand—Pacific Pipe
Public Company, Limited: Issues and
Decision Memorandum for the Final
Results, dated concurrently with this
notice (Issues and Decision
Memorandum), which is hereby
adopted by this notice. A list of the
issues raised, all of which are addressed
in the Issues and Decision
Memorandum, is appended to this
notice. Parties can find a complete
discussion of all issues raised in the
case and rebuttal briefs and the
corresponding recommendations in this
public memorandum, which is on file in
the Central Records Unit (CRU), room
1117 of the main Department of
Commerce building. In addition, a
complete version of the Issues and
Decision Memorandum can be accessed
directly on the Web at https://
www.trade.gov/ia/. The paper copy and
electronic version of the Issues and
Decision Memorandum are identical in
content.
Changes Since the Preliminary Results
Based on the results of verification
and our analysis of the comments
received from the interested parties, we
have made changes where appropriate,
to the margin calculation for Pacific
Pipe. Specifically, we have excluded
certain sales from the margin
calculation which we consider to be
scrap sales; we have included expenses
incurred on U.S. packing and other U.S.
direct selling expenses (such as certain
bank charges) identified at verification;
and finally, we have combined ASTM
A53 Grade A and Grade B sales in the
home market, consistent with the
product matching criteria. For a
complete discussion of the changes
which the Department has made to the
margin calculation for Pacific Pipe, see
Memorandum to Dana Mermelstein,
Program Manager, from Myrna Lobo,
Case Analyst, Analysis of Pacific Pipe
Public Company, Limited, for the Final
Results of the Antidumping Duty New
Shipper Review of Circular Welded
PO 00000
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Sfmt 4703
Carbon Steel Pipes and Tubes from
Thailand for the period 03/01/2008
through 09/30/2008, dated January 21,
2010 (Final Analysis Memorandum). A
public version of this memorandum is
on file in the CRU.
Final Results of the Review
We determine the following
percentage weighted-average margin
exists for the period March 1, 2008
through September 30, 2008:
Manufacturer/exporter
Margin
(percent)
Pacific Pipe Public Co., Ltd ......
5.14
Disclosure
We will disclose the calculations used
in our analysis to parties to these
proceedings within five days of the date
of publication of this notice. See 19 CFR
351.224(b).
Assessment
The Department will determine, and
U.S. Customs and Border Protection
(CBP) shall assess, antidumping duties
on all appropriate entries. In accordance
with 751(a)(2) of the Tariff Act of 1930,
as amended (the Act), and 19 CFR
351.212(b)(1), the Department normally
calculates an assessment rate for each
importer of the subject merchandise
covered by the review. Pacific Pipe
reported the entered value of its sale of
subject merchandise to the United
States during the POR. Therefore, in
accordance with 19 CFR 351.212(b)(1),
we have calculated importer-specific
duty assessments rates by dividing the
dumping margin found on the subject
merchandise examined by the entered
value of such merchandise for normal
customs duty purposes. Where the
assessment rate is above de minimis, we
will instruct CBP to assess duties on all
entries of subject merchandise by that
importer. The Department intends to
issue assessment instructions directly to
CBP 15 days after publication of these
final results of review.
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of this notice of final results
of new shipper review for all shipments
of circular welded carbon steel pipes
and tubes entered, or withdrawn from
warehouse, for consumption on or after
the date of publication, as provided by
section 751(a)(2)(C) of the Act: (1) For
subject merchandise produced and
exported by Pacific Pipe, the cash
deposit rate will be the rate established
in the final results of this new shipper
review; (2) if the exporter is not a firm
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Federal Register / Vol. 75, No. 18 / Thursday, January 28, 2010 / Notices
covered in this review, a prior review,
or the original less-than-fair value
investigation, but the manufacturer is,
the cash-deposit rate will be the rate
established for the most recent period
for the manufacturer of the
merchandise; and (3) the cash-deposit
rate for all other manufacturers or
exporters will continue to be the allothers rate of 15.67 percent, which is
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). These cash deposit requirements
shall remain in effect until further
notice.
Notification to Importers
This notice also serves as a final
reminder to importers of their
responsibility under 19 CFR
351.402(f)(2) 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 the subsequent assessment
of doubled antidumping duties.
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Notification Regarding Administrative
Protective Orders
This notice also serves as a reminder
to parties subject to administrative
protective orders (APO) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305, which continues
to govern business proprietary
information in this segment of the
proceeding. 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 terms of an APO is a violation that
is subject to sanction.
The final results of this new shipper
review are issued and published in
accordance with sections 751(a)(2)(B)
and 777(i) of the Act and 19 CFR
351.214.
Dated: January 21, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import
Administration.
Appendix
Comments in the Issues and Decision
Memorandum
Comment 1: Whether the Department Should
Use Invoice Date as the Date of Sale for the
U.S. Sale in the Final Results.
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17:16 Jan 27, 2010
Jkt 220001
Comment 2: Whether the Department Should
Continue to Treat Home Market Pre-Sale
Freight and Warehousing Expenses as
Movement Expenses.
Comment 3: Whether Pacific Pipe Has
Established that Transportation Rates Paid
to its Affiliated Carrier Are at Arm’s
Length.
[FR Doc. 2010–1783 Filed 1–27–10; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–965]
Drill Pipe from the People’s Republic
of China: Initiation of Antidumping
Duty Investigations
EFFECTIVE DATE:
January 28, 2010.
Toni
Dach or Scot T. Fullerton, AD/CVD
Operations, Office 9, (202) 482–1655 or
(202) 482–1386, respectively; Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION: On
December 31, 20091, the Department of
Commerce (the ‘‘Department’’) received
a petition concerning imports of drill
pipe from the People’s Republic of
China (‘‘PRC’’) filed in proper form by
VAM Drilling USA, Inc., Texas Steel
Conversion, Inc., Rotary Drilling Tools,
TMK IPSCO, and the United Steel,
Paper and Forestry, Rubber,
Manufacturing, Energy, Allied
Industrial and Service Workers
International Union, AFL–CIO-CLC
(‘‘Petitioners’’). See ‘‘Petitions for the
Imposition of Antidumping and
Countervailing Duties: Drill Pipe from
the People’s Republic of China,’’ dated
December 31, 2009 (‘‘Petition’’). On
January 6, 2010, the Department issued
additional requests for information and
clarification of certain areas of the
Petition. Petitioners timely filed
additional information on January 11,
2010. See ‘‘Drill Pipe from the People’s
Republic of China,’’ dated January 11,
FOR FURTHER INFORMATION CONTACT:
1 The Petitioners filed the Petition at the
International Trade Commission (‘‘ITC’’) after 12:00
noon on December 30, 2009, therefore, pursuant to
19 CFR 207.10(a), the ITC deemed the Petition to
have been filed on the next business day, December
31, 2009. Section 732(b)(2) of the Tariff Act of 1930,
as amended (the ‘‘Act’’) requires simultaneous
filings of antidumping duty petitions with the
Department and the ITC, therefore, we deem the
Petition to have been filed with the Department on
December 31, 2009. This file date will change the
initiation date from January 19, 2009, to January 20,
2009. See Memorandum to Ronald K. Lorentzen,
entitled ‘‘Decision Memorandum Concerning
Petitions Filing Date,’’ dated concurrently with this
checklist.
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4531
2010 (‘‘Supplement to the PRC AD
Petition’’). In addition, Petitioners
further timely filed additional
information pertaining to general issues
in the Petition on January 11, 2010. See
‘‘Petition for the Imposition of
Antidumping Duties on Drill Pipe from
the PRC: Response to Department’s
Letter of January 6, 2010,’’ dated January
11, 2010 (‘‘Supplement to the AD/CVD
Petitions’’). On January 14, 2010, the
Department issued a second request for
information and clarification of certain
areas of the Petition. Petitioners timely
filed additional information on January
15, 2010. See ‘‘Petitions for the
Imposition of Antidumping and
Countervailing Duties: Response to the
Department’s Letter of January 14,
2010,’’ dated January 15, 2010 (‘‘Second
Supplement to the AD/CVD Petitions’’);
see also ‘‘Petitions for the Imposition of
Antidumping and Countervailing
Duties: Drill Pipe from the PRC:
Response to Department’s Letter of
January 14, 2010: Additional Affidavit,
dated January 15, 2010 (‘‘Third
Supplement to the AD/CVD Petitions’’).
On January 19, 2010, Petitioners filed
further clarifications related to general
issues. See ‘‘Petitions for the Imposition
of Antidumping and Countervailing
Duties: Drill Pipe from the PRC:
Response to the Department’s letter of
January 14, 2010: Additional Affidavit,’’
dated January 19, 2010 (‘‘Fourth
Supplement to the AD/CVD Petitions’’).
In addition, on both January 15, and
January 19, 2010, we received
comments filed by Lehnardt & Lehnardt,
LLC, on behalf of Downhole Pipe &
Equipment, LP (‘‘Downhole Pipe’’) and
Command Energy Services International
(‘‘Command Energy’’), U.S. importers of
drill pipe from China. Downhole Pipe
and Command Energy are interested
parties as defined by section 771(9)(A)
of the Act.
The period of investigation (‘‘POI’’) is
April 1, 2009, through September 30,
2009. See 19 CFR 351.204(b)(1).
In accordance with section 732(b) of
the Act, Petitioners allege that imports
of drill pipe from the PRC are being, or
are likely to be, sold in the United States
at less than fair value, within the
meaning of section 731 of the Act, and
that such imports are materially
injuring, or threatening material injury
to, an industry in the United States.
The Department finds that Petitioners
filed the Petition on behalf of the
domestic industry because Petitioners
are an interested party, as defined in
section 771(9)(C) and (D) of the Act, and
have demonstrated sufficient industry
support with respect to the antidumping
duty investigation that Petitioners are
requesting the Department to initiate
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]]>Agencies
[Federal Register Volume 75, Number 18 (Thursday, January 28, 2010)]
[Notices]
[Pages 4529-4531]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-1783]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-549-502]
Circular Welded Carbon Steel Pipes and Tubes From Thailand: Final
Results of Antidumping Duty New Shipper Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On August 31, 2009, the Department of Commerce (the
Department) published the preliminary results of a semiannual new
shipper review under the antidumping duty order on circular welded
carbon steel pipes and tubes (pipes and tubes) from Thailand. See
Circular Welded Carbon Steel Pipes and Tubes from Thailand: Preliminary
Results of Antidumping Duty New Shipper Review, 74 FR 44825 (August 31,
2009) (Preliminary Results). This new shipper review covers one
producer/exporter of the subject merchandise to the United States,
Pacific Pipe Public Company Limited (Pacific Pipe). The period of
review (POR) is March 1, 2008 through September 30, 2008. Subsequent to
the Preliminary Results, we conducted verification and provided parties
with an opportunity to comment. We received timely case and rebuttal
briefs, and have made changes to our calculation as a result of
verification and based on our analysis of the comments. Therefore, the
final results differ from those published in the Department's
Preliminary Results. The final weighted-average dumping margin for the
reviewed firm is listed below in the section entitled ``Final Results
of the Review.''
DATES: Effective Date: January 28, 2010.
FOR FURTHER INFORMATION CONTACT: Myrna Lobo, AD/CVD Operations, Office
6, Import Administration, International Trade Administration, U.S.
Department of Commerce, 14th Street and Constitution Avenue, NW.,
Washington, DC 20230; telephone: (202) 482-2371.
SUPPLEMENTARY INFORMATION:
Background
On August 31, 2009, the Department published the preliminary
results of a semiannual new shipper review under the antidumping duty
order covering pipes and tubes from Thailand. See Preliminary Results.
The domestic interested parties for this proceeding are Allied Tube &
Conduit Corporation and Wheatland Tube Company (petitioners).
On September 17, 2009, the Department issued a third supplemental
questionnaire to Pacific Pipe in order to evaluate further the bona
fide nature of Pacific Pipe's U.S. sale and to seek clarification on
sales information previously submitted. Pacific Pipe timely responded
on September 29, 2009. The Department conducted a verification of
Pacific Pipe in Bangkok, Thailand in October 2009 and issued a
verification report. See Memorandum to File from Myrna Lobo,
International Trade Compliance Analyst, Office 6, Verification of the
Sales Response of Pacific Pipe Public Company, Limited in the
Antidumping New Shipper Review of Circular Welded Carbon Steel Pipes
and Tubes from Thailand, dated November 5, 2009 (Verification Report).
We invited parties to comment on the Preliminary Results and
Verification Report. We received a timely filed case brief from Pacific
Pipe and a timely filed rebuttal brief from petitioners. The Department
did not receive a request for a hearing.
On November 19, 2009, the Department published a notice
[[Page 4530]]
extending the deadline for the final results to January 21, 2009. See
Circular Welded Carbon Steel Pipes and Tubes from Thailand: Extension
of Time Limit for Final Results of Antidumping Duty New Shipper Review,
74 FR 59961 (November 19, 2009).
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.
Bona Fides Analysis of U.S. Sale
In the Preliminary Results, we determined that Pacific Pipe's U.S.
sale was a bona fide transaction. See Memorandum to Dana Mermelstein,
Program Manager, from Myrna Lobo, Case Analyst, regarding Bona Fide
Nature of the Sale in the Antidumping Duty New Shipper Review of
Circular Welded Carbon Steel Pipes and Tubes from Thailand: Pacific
Pipe Public Company, Limited, dated August 24, 2009 (Bona Fides
Preliminary Memorandum). The Department also stated it would continue
to examine, through the remainder of the review, all factors relating
to the bona fides of the sale. We have further examined the bona fides
of Pacific Pipe's U.S. sale, and for these final results we continue to
find the sale to be a bona fide transaction. For further details, see
Memorandum to Dana Mermelstein, Program Manager, from Myrna Lobo, Case
Analyst, Bona Fide Analysis of Pacific Pipe's U.S. Sale for the Final
Results of Antidumping Duty New Shipper Review of Circular Welded
Carbon Steel Pipes and Tubes from Thailand: Pacific Pipe Public
Company, Limited, dated concurrently with this notice (Bona Fides Final
Memorandum).
Verification
As provided in 19 CFR 351.307(b)(1)(iv), the Department conducted
verification of Pacific Pipe's questionnaire responses at the company's
offices in Bangkok, Thailand from October 5 through 8, 2009. Our
verification results are detailed in the Verification Report.
Analysis of Comments Received
All issues raised in Pacific Pipe's case brief and petitioners'
rebuttal brief are addressed in the Memorandum to Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration, from John M.
Andersen, Acting Deputy Assistant Secretary for Antidumping and
Countervailing Duty Operations, Antidumping Duty New Shipper Review of
Circular Welded Carbon Steel Pipes and Tubes from Thailand--Pacific
Pipe Public Company, Limited: Issues and Decision Memorandum for the
Final Results, dated concurrently with this notice (Issues and Decision
Memorandum), which is hereby adopted by this notice. A list of the
issues raised, all of which are addressed in the Issues and Decision
Memorandum, is appended to this notice. Parties can find a complete
discussion of all issues raised in the case and rebuttal briefs and the
corresponding recommendations in this public memorandum, which is on
file in the Central Records Unit (CRU), room 1117 of the main
Department of Commerce building. In addition, a complete version of the
Issues and Decision Memorandum can be accessed directly on the Web at
https://www.trade.gov/ia/. The paper copy and electronic version of the
Issues and Decision Memorandum are identical in content.
Changes Since the Preliminary Results
Based on the results of verification and our analysis of the
comments received from the interested parties, we have made changes
where appropriate, to the margin calculation for Pacific Pipe.
Specifically, we have excluded certain sales from the margin
calculation which we consider to be scrap sales; we have included
expenses incurred on U.S. packing and other U.S. direct selling
expenses (such as certain bank charges) identified at verification; and
finally, we have combined ASTM A53 Grade A and Grade B sales in the
home market, consistent with the product matching criteria. For a
complete discussion of the changes which the Department has made to the
margin calculation for Pacific Pipe, see Memorandum to Dana
Mermelstein, Program Manager, from Myrna Lobo, Case Analyst, Analysis
of Pacific Pipe Public Company, Limited, for the Final Results of the
Antidumping Duty New Shipper Review of Circular Welded Carbon Steel
Pipes and Tubes from Thailand for the period 03/01/2008 through 09/30/
2008, dated January 21, 2010 (Final Analysis Memorandum). A public
version of this memorandum is on file in the CRU.
Final Results of the Review
We determine the following percentage weighted-average margin
exists for the period March 1, 2008 through September 30, 2008:
------------------------------------------------------------------------
Margin
Manufacturer/exporter (percent)
------------------------------------------------------------------------
Pacific Pipe Public Co., Ltd.............................. 5.14
------------------------------------------------------------------------
Disclosure
We will disclose the calculations used in our analysis to parties
to these proceedings within five days of the date of publication of
this notice. See 19 CFR 351.224(b).
Assessment
The Department will determine, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries. In accordance with 751(a)(2) of the Tariff Act of 1930, as
amended (the Act), and 19 CFR 351.212(b)(1), the Department normally
calculates an assessment rate for each importer of the subject
merchandise covered by the review. Pacific Pipe reported the entered
value of its sale of subject merchandise to the United States during
the POR. Therefore, in accordance with 19 CFR 351.212(b)(1), we have
calculated importer-specific duty assessments rates by dividing the
dumping margin found on the subject merchandise examined by the entered
value of such merchandise for normal customs duty purposes. Where the
assessment rate is above de minimis, we will instruct CBP to assess
duties on all entries of subject merchandise by that importer. The
Department intends to issue assessment instructions directly to CBP 15
days after publication of these final results of review.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of this notice of final results of new shipper review for
all shipments of circular welded carbon steel pipes and tubes entered,
or withdrawn from warehouse, for consumption on or after the date of
publication, as provided by section 751(a)(2)(C) of the Act: (1) For
subject merchandise produced and exported by Pacific Pipe, the cash
deposit rate will be the rate established in the final results of this
new shipper review; (2) if the exporter is not a firm
[[Page 4531]]
covered in this review, a prior review, or the original less-than-fair
value investigation, but the manufacturer is, the cash-deposit rate
will be the rate established for the most recent period for the
manufacturer of the merchandise; and (3) the cash-deposit rate for all
other manufacturers or exporters will continue to be the all-others
rate of 15.67 percent, which is 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). These cash deposit
requirements shall remain in effect until further notice.
Notification to Importers
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) 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 the subsequent
assessment of doubled antidumping duties.
Notification Regarding Administrative Protective Orders
This notice also serves as a reminder to parties subject to
administrative protective orders (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305, which continues
to govern business proprietary information in this segment of the
proceeding. 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 terms of an APO
is a violation that is subject to sanction.
The final results of this new shipper review are issued and
published in accordance with sections 751(a)(2)(B) and 777(i) of the
Act and 19 CFR 351.214.
Dated: January 21, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
Appendix
Comments in the Issues and Decision Memorandum
Comment 1: Whether the Department Should Use Invoice Date as the
Date of Sale for the U.S. Sale in the Final Results.
Comment 2: Whether the Department Should Continue to Treat Home
Market Pre-Sale Freight and Warehousing Expenses as Movement
Expenses.
Comment 3: Whether Pacific Pipe Has Established that Transportation
Rates Paid to its Affiliated Carrier Are at Arm's Length.
[FR Doc. 2010-1783 Filed 1-27-10; 8:45 am]
BILLING CODE 3510-DS-P
