Circular Welded Carbon Steel Pipes and Tubes From Thailand: Amended Final Results of Antidumping Duty Administrative Review Pursuant to Final Court Decision, 27987-27988 [2011-11825]

Download as PDF Federal Register / Vol. 76, No. 93 / Friday, May 13, 2011 / Notices calling or writing Diana Hynek, Departmental Paperwork Clearance Officer, (202) 482–0266, Department of Commerce, Room 6616, 14th and Constitution Avenue, NW., Washington, DC 20230 (or via the Internet at dHynek@doc.gov). Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to Nicholas Fraser, OMB Desk Officer, Fax number (202) 395–7285, or via the Internet at Dated: May 10, 2011. Gwellnar Banks, Management Analyst, Office of the Chief Information Officer. [FR Doc. 2011–11751 Filed 5–12–11; 8:45 am] BILLING CODE 3510–06–P DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [Docket 31–2011] mstockstill on DSKH9S0YB1PROD with NOTICES Foreign-Trade Zone 216—Olympia, Washington; Application for Reorganization Under Alternative Site Framework An application has been submitted to the Foreign-Trade Zones (FTZ) Board (the Board) by the Port of Olympia, grantee of FTZ 216, requesting authority to reorganize the zone under the alternative site framework (ASF) adopted by the Board (74 FR 1170, 1/12/ 09 (correction 74 FR 3987, 1/22/09); 75 FR 71069–71070, 11/22/10). The ASF is an option for grantees for the establishment or reorganization of general-purpose zones and can permit significantly greater flexibility in the designation of new ‘‘usage-driven’’ FTZ sites for operators/users located within a grantee’s ‘‘service area’’ in the context of the Board’s standard 2,000-acre activation limit for a general-purpose zone project. The application was submitted pursuant to the Foreign-Trade Zones Act, as amended (19 U.S.C. 81a– 81u), and the regulations of the Board (15 CFR part 400). It was formally filed on May 9, 2011. FTZ 216 was approved by the Board on August 16, 1996 (Board Order 836, 61 FR 45408, 08/29/1996) and expanded on May 8, 2000 (Board Order 1092, 65 FR 33295, 05/23/2000). The current zone project includes the following sites: Site 1 (283 acres)— within the Port of Olympia terminal at Budd Bay Inlet of Puget Sound, adjacent to Interstate 5, Olympia; Site 2 (800 acres)—Olympia Airport and adjacent industrial park, Olympia; Site 3 (573 VerDate Mar<15>2010 17:22 May 12, 2011 Jkt 223001 acres)—Marvin Road Industrial area, Interstate 5 and Highway 510, Lacy; Site 4 (109 acres)—Yelm Industrial area, Highway 507 and Highway 510, Yelm; Site 5 (165 acres)—Port of Centralia Industrial Park, within the Port of Centralia, Lewis County; Site 6 (87 acres)—Chehalis Industrial area, adjacent to Interstate 5, Chehalis; Site 7 (269 acres)—within the Port of Chehalis, 321 Maurin Road, Chehalis; Site 8 (39 acres)—Klein/South Prairie Industrial Park, 118 Klein Road, Chehalis; Site 9 (420 acres)—within the Port of Shelton, 21 West Sanderson Way, Shelton; Site 10 (130 acres)—John’s Prairie Industrial Park, 1970 East John’s Prairie Road, Shelton; Site 11 (217 acres)—Bremerton Airport South, within Port of Bremerton complex, 8850 SW State Road 3, Bremerton; Site 12 (312 acres)— Olympia View Industrial Park, Highway 3, Bremerton; and, Site 13 (24 acres)— 67 SW Chehalis Avenue, Chehalis. The grantee’s proposed service area under the ASF would be all of Thurston County and portions of Lewis, Mason and Kitsap Counties, Washington, as described in the application. If approved, the grantee would be able to serve sites throughout the service area based on companies’ needs for FTZ designation. The proposed service area is within and adjacent to the Olympia U.S. Customs and Border Protection port of entry. The applicant is requesting authority to reorganize its existing zone project to include all of the existing sites except Site 8 as ‘‘magnet’’ sites. No usage-driven sites are being requested at this time. The applicant is also requesting authority to delete Site 8 and remove acreage from Sites 1, 3, 4 and 13, as described in the application. In accordance with the Board’s regulations, Christopher Kemp of the FTZ Staff is designated examiner to evaluate and analyze the facts and information presented in the application and case record and to report findings and recommendations to the Board. Public comment is invited from interested parties. Submissions (original and 3 copies) shall be addressed to the Board’s Executive Secretary at the address below. The closing period for their receipt is July 12, 2011. Rebuttal comments in response to material submitted during the foregoing period may be submitted during the subsequent 15-day period to July 27, 2011. A copy of the application will be available for public inspection at the Office of the Executive Secretary, Foreign-Trade Zones Board, Room 2111, U.S. Department of Commerce, 1401 Constitution Avenue, NW., Washington, DC 20230–0002, and in the ‘‘Reading PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 27987 Room’’ section of the Board’s Web site, which is accessible via https:// www.trade.gov/ftz. For further information, contact Christopher Kemp at Christopher.Kemp@trade.gov or (202) 482–0862. Dated: May 9, 2011. Andrew McGilvray, Executive Secretary. [FR Doc. 2011–11844 Filed 5–12–11; 8:45 am] BILLING CODE P DEPARTMENT OF COMMERCE International Trade Administration [A–549–502] Circular Welded Carbon Steel Pipes and Tubes From Thailand: Amended Final Results of Antidumping Duty Administrative Review Pursuant to Final Court Decision Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On February 14, 2011, the U.S. Court of Appeals for the Federal Circuit (CAFC) sustained the U.S. Court of International Trade’s (CIT) decision in Saha Thai Steel Pipe (Public) Co., Ltd. v. United States, Consol Ct. 08– 00380, Slip Op. 10–1 (Ct. Int’l Trade January 4, 2010) (Saha Thai CIT Decision). See Saha Thai Steel Pipe (Public) Co., Ltd. v. United States, No. 2010–1220, –1224, 2011 U.S. App. Lexis 2811 (Fed. Cir. Feb. 14, 2011) (Saha Thai CAFC Decision). Because all litigation in this matter has now concluded, the Department of Commerce (Department) is amending the final results of the administrative review of the antidumping order on circular welded carbon steel pipes and tubes from Thailand, which covered Saha Thai Steel Pipe (Public) Co., Ltd. (Saha Thai) and the period March 1, 2006, through February 28, 2007. See Circular Welded Carbon Steel Pipes and Tubes from Thailand: Final Results of Antidumping Duty Administrative Review, 73 FR 61019 (October 15, 2008) (Final Results). FOR FURTHER INFORMATION CONTACT: Jacqueline Arrowsmith or Dana Mermelstein, AD/CVD Operations, Office 6, Import Administration, International Trade Administration, Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482–5255 or (202) 482–1391, respectively. AGENCY: SUPPLEMENTARY INFORMATION: E:\FR\FM\13MYN1.SGM 13MYN1 mstockstill on DSKH9S0YB1PROD with NOTICES 27988 Federal Register / Vol. 76, No. 93 / Friday, May 13, 2011 / Notices Background On October 15, 2008, the Department published the final results of its 2006– 2007 administrative review of circular welded carbon steel pipes and tubes from Thailand. See Final Results. In the Final Results, the Department granted an upward adjustment to export price (EP) in accordance with section 772(c)(1) of the Tariff Act of 1930, as amended (the Act), which directs the Department to increase EP by ‘‘the amount of any import duties imposed by the country of exportation which have been rebated, or which have not been collected, by reason of the exportation of the subject merchandise to the United States.’’ We calculated the upward adjustment to EP for exempted import duties on material inputs using Saha Thai’s actual yield loss factor rather than the yield loss factor set by the Government of Thailand (GOT). See Final Results and accompanying Issues and Decision Memorandum at Comment 4. We also adjusted the cost of production and the constructed value to include an amount equal to the value of the import duties exempted on material inputs. Saha Thai and the Domestic Interested Parties 1 challenged the Department’s Final Results. In Saha Thai Steel Pipe (Public) Company v. United States, Consol. Ct. 08–00380, Slip Op. 09–116 (October 15, 2009), the CIT affirmed the Final Results on all but one issue. The CIT directed the Department to recalculate Saha Thai’s antidumping margin using the GOT-determined yield loss factor to calculate the adjustment to EP for exempted import duties. On December 11, 2009, the Department issued its final results of redetermination pursuant to the CIT’s October 15, 2009 ruling. See the Results of Redetermination Pursuant to Remand (found at https:// ia.ita.doc.gov/remands/) (Remand). The CIT issued its final decision on January 4, 2010 affirming the Remand. See Saha Thai CIT Decision. Consistent with the CAFC decision in Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990), the Department published, in the Federal Register, a notice of a court decision that is not ‘‘in harmony’’ with the Department’s final results. See Circular Welded Carbon Steel Pipes and Tubes From Thailand: Court Decision Not in Harmony with Final Results of Administrative Review, 75 FR 2487 (January 15, 2010). On February 22, 2010, Saha Thai appealed the Saha Thai CIT Decision, arguing that an increase in the cost of 1 The Domestic Interested Parties are Allied Tube and Conduit Corp. and Wheatland Tube Company. VerDate Mar<15>2010 17:22 May 12, 2011 Jkt 223001 production to account for ‘‘fictitious’’ costs was not warranted. Saha Thai also argued that the inclusion of these exempted import duties in the cost of production constitutes double counting. On March 1, 2010, the Domestic Interested Parties appealed the Saha Thai CIT Decision challenging the Department’s two-prong test that must be met before the Department makes an upward adjustment to EP pursuant to section 772(c)(B)(1) of the Act. Under the two-prong test, the exporter/ producer must show that: (i) The import duty and rebate are directly linked to one another, and (ii) sufficient imports are made to account for the finished merchandise exported to the United States. The Domestic Interested Parties argued that the Department can only increase EP when import duties are ‘‘imposed by the country of exportation,’’ and, in this case, the duties were exempted rather than collected and drawn back or rebated. In its Saha Thai CAFC Decision, the CAFC rejected Saha Thai’s and the Domestic Interested Parties’ arguments and upheld the Saha Thai CIT Decision, thus sustaining the Remand in full. See Saha Thai CAFC Decision. No party appealed the CAFC’s decision. Because there is now a final and conclusive decision, we are issuing these amended final results of review to reflect the results of the Remand. Amended Final Results of the Review We are amending the final results of the 2006–2007 administrative review of circular welded carbon steel pipes and tubes from Thailand in accordance with the Remand. The revised weightedaverage margin for Saha Thai is 4.21 percent for the period March 1, 2006, through February 28, 2007. Assessment of Duties The Department has determined, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries covered by these amended final results. The Department intends to issue liquidation instructions to CBP 15 days after publication of these amended final results in the Federal Register. The cash deposit rate will remain the companyspecific rate established in the most recently completed administrative review of Saha Thai. See Circular Welded Carbon Steel Pipes and Tubes From Thailand: Amended Final Results of Antidumping Duty Administrative Review, 75 FR 73033 (November 29, 2010). We are issuing and publishing these amended final results of administrative review in accordance PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 with sections 751(a)(1) and 777(i) of the Act. Dated: May 9, 2011. Ronald K. Lorentzen, Deputy Assistant Secretary for Import Administration. [FR Doc. 2011–11825 Filed 5–12–11; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–827] Certain Cased Pencils From the People’s Republic of China: Final Results of the Antidumping Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On January 13, 2011, the Department of Commerce (‘‘Department’’) published the preliminary results of the administrative review of the antidumping duty order on certain cased pencils from the People’s Republic of China (‘‘PRC’’), covering the period December 1, 2008, through November 30, 2009. We gave interested parties an opportunity to comment on the preliminary results, however we did not receive any comments. As a result, we have not made changes to our margin calculations for the final results of this review. The final dumping margins for this review are listed in the ‘‘Final Results of the Review’’ section below. DATES: Effective Date: May 13, 2011. FOR FURTHER INFORMATION CONTACT: Mahnaz Khan or David Layton, AD/CVD Operations, Office 1, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone (202) 482–0914 or (202) 482– 0371, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background Following the preliminary results of review (See Certain Cased Pencils From the People’s Republic of China: Preliminary Results and Partial Rescission of Antidumping Duty Administrative Review, 76 FR 2337 (January 13, 2011) (‘‘Preliminary Results’’)), the Department issued an additional supplemental questionnaire to mandatory respondent Shandong Rongxin Import and Export Co., Ltd. (‘‘Rongxin’’) on January 10, 2011, and received a response on January 28, 2011. The Department also issued an E:\FR\FM\13MYN1.SGM 13MYN1

Agencies

[Federal Register Volume 76, Number 93 (Friday, May 13, 2011)]
[Notices]
[Pages 27987-27988]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-11825]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-549-502]


Circular Welded Carbon Steel Pipes and Tubes From Thailand: 
Amended Final Results of Antidumping Duty Administrative Review 
Pursuant to Final Court Decision

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

SUMMARY: On February 14, 2011, the U.S. Court of Appeals for the 
Federal Circuit (CAFC) sustained the U.S. Court of International 
Trade's (CIT) decision in Saha Thai Steel Pipe (Public) Co., Ltd. v. 
United States, Consol Ct. 08-00380, Slip Op. 10-1 (Ct. Int'l Trade 
January 4, 2010) (Saha Thai CIT Decision). See Saha Thai Steel Pipe 
(Public) Co., Ltd. v. United States, No. 2010-1220, -1224, 2011 U.S. 
App. Lexis 2811 (Fed. Cir. Feb. 14, 2011) (Saha Thai CAFC Decision). 
Because all litigation in this matter has now concluded, the Department 
of Commerce (Department) is amending the final results of the 
administrative review of the antidumping order on circular welded 
carbon steel pipes and tubes from Thailand, which covered Saha Thai 
Steel Pipe (Public) Co., Ltd. (Saha Thai) and the period March 1, 2006, 
through February 28, 2007. See Circular Welded Carbon Steel Pipes and 
Tubes from Thailand: Final Results of Antidumping Duty Administrative 
Review, 73 FR 61019 (October 15, 2008) (Final Results).

FOR FURTHER INFORMATION CONTACT: Jacqueline Arrowsmith or Dana 
Mermelstein, AD/CVD Operations, Office 6, Import Administration, 
International Trade Administration, Department of Commerce, 14th Street 
and Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 
482-5255 or (202) 482-1391, respectively.

SUPPLEMENTARY INFORMATION:

[[Page 27988]]

Background

    On October 15, 2008, the Department published the final results of 
its 2006-2007 administrative review of circular welded carbon steel 
pipes and tubes from Thailand. See Final Results. In the Final Results, 
the Department granted an upward adjustment to export price (EP) in 
accordance with section 772(c)(1) of the Tariff Act of 1930, as amended 
(the Act), which directs the Department to increase EP by ``the amount 
of any import duties imposed by the country of exportation which have 
been rebated, or which have not been collected, by reason of the 
exportation of the subject merchandise to the United States.'' We 
calculated the upward adjustment to EP for exempted import duties on 
material inputs using Saha Thai's actual yield loss factor rather than 
the yield loss factor set by the Government of Thailand (GOT). See 
Final Results and accompanying Issues and Decision Memorandum at 
Comment 4. We also adjusted the cost of production and the constructed 
value to include an amount equal to the value of the import duties 
exempted on material inputs. Saha Thai and the Domestic Interested 
Parties \1\ challenged the Department's Final Results.
---------------------------------------------------------------------------

    \1\ The Domestic Interested Parties are Allied Tube and Conduit 
Corp. and Wheatland Tube Company.
---------------------------------------------------------------------------

    In Saha Thai Steel Pipe (Public) Company v. United States, Consol. 
Ct. 08-00380, Slip Op. 09-116 (October 15, 2009), the CIT affirmed the 
Final Results on all but one issue. The CIT directed the Department to 
recalculate Saha Thai's antidumping margin using the GOT-determined 
yield loss factor to calculate the adjustment to EP for exempted import 
duties. On December 11, 2009, the Department issued its final results 
of redetermination pursuant to the CIT's October 15, 2009 ruling. See 
the Results of Redetermination Pursuant to Remand (found at https://ia.ita.doc.gov/remands/) (Remand). The CIT issued its final 
decision on January 4, 2010 affirming the Remand. See Saha Thai CIT 
Decision. Consistent with the CAFC decision in Timken Co. v. United 
States, 893 F.2d 337 (Fed. Cir. 1990), the Department published, in the 
Federal Register, a notice of a court decision that is not ``in 
harmony'' with the Department's final results. See Circular Welded 
Carbon Steel Pipes and Tubes From Thailand: Court Decision Not in 
Harmony with Final Results of Administrative Review, 75 FR 2487 
(January 15, 2010).
    On February 22, 2010, Saha Thai appealed the Saha Thai CIT 
Decision, arguing that an increase in the cost of production to account 
for ``fictitious'' costs was not warranted. Saha Thai also argued that 
the inclusion of these exempted import duties in the cost of production 
constitutes double counting. On March 1, 2010, the Domestic Interested 
Parties appealed the Saha Thai CIT Decision challenging the 
Department's two-prong test that must be met before the Department 
makes an upward adjustment to EP pursuant to section 772(c)(B)(1) of 
the Act. Under the two-prong test, the exporter/producer must show 
that: (i) The import duty and rebate are directly linked to one 
another, and (ii) sufficient imports are made to account for the 
finished merchandise exported to the United States. The Domestic 
Interested Parties argued that the Department can only increase EP when 
import duties are ``imposed by the country of exportation,'' and, in 
this case, the duties were exempted rather than collected and drawn 
back or rebated. In its Saha Thai CAFC Decision, the CAFC rejected Saha 
Thai's and the Domestic Interested Parties' arguments and upheld the 
Saha Thai CIT Decision, thus sustaining the Remand in full. See Saha 
Thai CAFC Decision. No party appealed the CAFC's decision. Because 
there is now a final and conclusive decision, we are issuing these 
amended final results of review to reflect the results of the Remand.

Amended Final Results of the Review

    We are amending the final results of the 2006-2007 administrative 
review of circular welded carbon steel pipes and tubes from Thailand in 
accordance with the Remand. The revised weighted-average margin for 
Saha Thai is 4.21 percent for the period March 1, 2006, through 
February 28, 2007.

Assessment of Duties

    The Department has determined, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries covered by these amended final results. The Department intends 
to issue liquidation instructions to CBP 15 days after publication of 
these amended final results in the Federal Register. The cash deposit 
rate will remain the company-specific rate established in the most 
recently completed administrative review of Saha Thai. See Circular 
Welded Carbon Steel Pipes and Tubes From Thailand: Amended Final 
Results of Antidumping Duty Administrative Review, 75 FR 73033 
(November 29, 2010). We are issuing and publishing these amended final 
results of administrative review in accordance with sections 751(a)(1) 
and 777(i) of the Act.

    Dated: May 9, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2011-11825 Filed 5-12-11; 8:45 am]
BILLING CODE 3510-DS-P
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