Welded Stainless Pressure Pipe From Thailand: Final Determination of Sales at Less Than Fair Value, 31093-31095 [2014-12588]

Download as PDF 31093 Federal Register / Vol. 79, No. 104 / Friday, May 30, 2014 / Notices • We adjusted Sonha’s brokerage and handling surrogate value by Sonha’s own average shipment weight for a 20foot container.9 • We used Sonha’s revised factors of production (‘‘FOP’’) database which reflects changes in the consumption rates of certain packing materials and • We revised the Vietnam-wide rate to be the same as Sonha’s calculated margin.12 supplier distances as a result of minor corrections and findings at the verification.10 • We revised the market-economy purchase prices for certain FOPs as a result of minor corrections at the verification.11 Final Determination The Department determines that the following weighted-average dumping margins exist: Weightedaverage dumping margin Exporter Producer Sonha International Corporation .................................................... Mejonson Industrial Vietnam Co., Ltd ............................................ Vietnam-Wide Entity ....................................................................... Sonha International Corporation ................................................... Mejonson Industrial Vietnam Co., Ltd .......................................... ....................................................................................................... Disclosure The Department intends to disclose calculations performed for this final determination to the parties within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b). Continuation of Suspension of Liquidation In accordance with section 735(c)(1)(B) of the Act, the Department will instruct U.S. Customs and Border Protection (‘‘CBP’’) to continue to suspend liquidation of all appropriate entries of WSPP from Vietnam as described in the ‘‘Scope of the Investigation’’ section, which were entered, or withdrawn from warehouse, for consumption on or after January 7, 2014, the date of publication of the Preliminary Determination in the Federal Register. CBP shall require a cash deposit equal to the estimated amount by which the normal value exceeds the U.S. price as shown above. These instructions suspending liquidation will remain in effect until further notice. mstockstill on DSK4VPTVN1PROD with NOTICES International Trade Commission (‘‘ITC’’) Notification In accordance with section 735(d) of the Act, we will notify the ITC of our final affirmative determination of sales at LTFV. Because the final determination in this proceeding is affirmative, in accordance with section 735(b)(2) of the Act, the ITC will make its final determination as to whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports of WSPP from Vietnam no later than 45 Margin Calculation for Sonha International Corporation, dated May 22, 2014 (‘‘Final Analysis Memorandum’’), at page 2 and Attachment 3; see also Issues and Decision Memorandum at Comment 3. VerDate Mar<15>2010 18:23 May 29, 2014 Jkt 232001 days after our final determination. If the ITC determines that material injury or threat of material injury does not exist, the proceeding will be terminated and all securities posted will be refunded or canceled. If the ITC determines that such injury does exist, the Department will issue an antidumping duty order directing CBP to assess antidumping duties on all imports of the merchandise under investigation entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation. Notification Regarding Administrative Protective Orders (‘‘APO’’) This notice also serves as a final reminder to the parties subject to APO of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305. Timely written notification of 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. This determination and notice are issued and published in accordance with sections 735(d) and 777(i)(1) of the Act. 16.25 16.25 16.25 Dated: May 22, 2014. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix—Issues and Decision Memorandum Summary Case Issues Scope of the Investigation Discussion of the Issues Comment 1: Financial Ratios Comment 2: Date of Sale Comment 3: Electricity Comment 4: Valuation of Argon and Hydrogen Comment 5: Adjustment of Brokerage and Handling Charges Comment 6: Withdrawal of the Regulatory Provisions Governing Targeted Dumping in Less-Than-Fair-Value Investigations Comment 7: Differential Pricing Analysis Recommendation Attachment: Acronym and Abbreviation Table [FR Doc. 2014–12587 Filed 5–29–14; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–549–830] Welded Stainless Pressure Pipe From Thailand: Final Determination of Sales at Less Than Fair Value Enforcement and Compliance, International Trade Administration, Department of Commerce DATES: Effective Date: May 30, 2014. SUMMARY: The Department of Commerce (‘‘Department’’) determines that welded AGENCY: 9 See Final Analysis Memorandum at page 2 and Attachments 3–4 and see also Issues and Decision Memorandum at Comment 5. 10 See Final Analysis Memorandum at page 1 and Attachment 1; see also Verification Report at pages 2–3. PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 11 See Final Analysis Memorandum at page 2 and Attachment 3. 12 See Post-Preliminary Analysis. E:\FR\FM\30MYN1.SGM 30MYN1 31094 Federal Register / Vol. 79, No. 104 / Friday, May 30, 2014 / Notices stainless pressure pipe (‘‘WSPP’’) from Thailand is being, or is likely to be, sold in the United States at less than fair value (‘‘LTFV’’), as provided in section 735 of the Tariff Act of 1930, as amended (the ‘‘Act’’). The final dumping margins for this investigation are listed in the ‘‘Final Determination’’ section below. FOR FURTHER INFORMATION CONTACT: Brandon Farlander or Trisha Tran, AD/ CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–0182 or (202) 482– 4852, respectively. SUPPLEMENTARY INFORMATION: Background The Department published its Preliminary Determination on January 7, 2014,1 and its Amended Preliminary Determination on February 26, 2014.2 On March 13, 2014, we received a case brief 3 from Bristol Metals, LLC, Felker Brothers Corp., and Outokumpu Stainless Pipe, Inc. (‘‘Petitioners’’). On March 18, 2014, we received a rebuttal brief 4 from Thai-German Products Public Company Limited (‘‘TGP’’). Based on an analysis of the comments received, the Department made changes from the Preliminary Determination and Amended Preliminary Determination. Period of Investigation The period of investigation (‘‘POI’’) is April 1, 2012, through March 31, 2013. mstockstill on DSK4VPTVN1PROD with NOTICES Scope of the Investigation The merchandise covered by this investigation is circular welded austenitic stainless pressure pipe not greater than 14 inches in outside diameter. For purposes of this investigation, references to size are in nominal inches and include all products within tolerances allowed by pipe specifications. This merchandise includes, but is not limited to, the American Society for Testing and Materials (ASTM) A–312 or ASTM A– 1 See Welded Stainless Pressure Pipe From Thailand: Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination, 79 FR 812 (January 7, 2014) (‘‘Preliminary Determination’’). 2 See Welded Stainless Pressure Pipe From Thailand: Amended Preliminary Determination of Sales at Less Than Fair Value, 79 FR 10772 (February 26, 2014) (‘‘Amended Preliminary Determination’’). 3 See submission from Petitioners, ‘‘Welded Stainless Pressure Pipe From Thailand: Petitioners’ Case Brief,’’ dated March 13, 2014 (‘‘Petitioners’ Case Brief’’). 4 See submission from TGP, ‘‘Welded Stainless Steel Pressure Pipe From Thailand; Rebuttal Brief,’’ dated March 18, 2014 (‘‘TGP’s Rebuttal Brief’’). VerDate Mar<15>2010 18:23 May 29, 2014 Jkt 232001 778 specifications, or comparable domestic or foreign specifications. ASTM A–358 products are only included when they are produced to meet ASTM A–312 or ASTM A–778 specifications, or comparable domestic or foreign specifications. Excluded from the scope are: (1) Welded stainless mechanical tubing, meeting ASTM A–554 or comparable domestic or foreign specifications; (2) boiler, heat exchanger, superheater, refining furnace, feedwater heater, and condenser tubing, meeting ASTM A– 249, ASTM A–688 or comparable domestic or foreign specifications; and (3) specialized tubing, meeting ASTM A269, ASTM A–270 or comparable domestic or foreign specifications. The subject imports are normally classified in subheadings 7306.40.5005, 7306.40.5040, 7306.40.5062, 7306.40.5064, and 7306.40.5085 of the Harmonized Tariff Schedule of the United States (HTSUS). They may also enter under HTSUS subheadings 7306.40.1010, 7306.40.1015, 7306.40.5042, 7306.40.5044, 7306.40.5080, and 7306.40.5090. The HTSUS subheadings are provided for convenience and customs purposes only; the written description of the scope of the investigation is dispositive. Verification As provided in section 782(i) of the Act, from January 20, 2014 through January 24, 2014, the Department attempted to verify the sales information submitted by TGP for use in the final determination. The Department used standard verification procedures, including examination of relevant accounting and production records and original source documents provided by the respondent. At verification, the Department discovered that TGP did not report the vast majority of its home market sales.5 In light of that, we cancelled TGP’s cost verification.6 Analysis of Comments Received All issues raised in the case and rebuttal briefs by parties in this investigation are addressed in the Issues and Decision Memorandum.7 A list of 5 See Memorandum From Trisha Tran and Brandon Farlander, Senior International Trade Compliance Analysts, AD/CVD Operations, Office IV, to the File, ‘‘Antidumping Duty Investigation of Welded Stainless Pressure Pipe From Thailand: Verification of the Questionnaire Responses of Thai-German Products Public Company Limited,’’ (March 5, 2014) (‘‘TGP Sales Verification Report’’). 6 See TGP’s Sales Verification Report. 7 See Memorandum from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Paul Piquado, Assistant Secretary for Import Administration, ‘‘Issues and Decision Memorandum for the Final PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 the issues raised by the parties and to which the Department responded in the Issues and Decision Memorandum is attached to this notice as an Appendix. The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (‘‘IA ACCESS’’). IA ACCESS is available to registered users at https:// iaaccess.trade.gov, and is available to all parties in the Central Records Unit, which is in room 7046 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly on the internet at https://enforcement.trade.gov/frn/ index.html. The paper copy and electronic version of the Issues and Decision Memorandum are identical in content. Changes Since the Preliminary Determination and Amended Preliminary Determination Based on our analysis of the comments received and our findings at verification: • We applied total adverse facts available (‘‘AFA’’) to TGP and assigned to it the highest margin alleged in the petition, i.e., 24.01 percent, as TGP’s AFA rate.8 • We revised the ‘‘All Others’’ rate.9 ‘‘All Others’’ Rate Section 735(c)(5)(A) of the Act provides that the estimated all-others rate shall be an amount equal to the weighted-average of the estimated weighted-average dumping margins established for exporters and producers individually investigated excluding any zero or de minimis and margins based entirely under section 776 of the Act. Pursuant to sectin 735(c)(5)(B) of the Act, if the estimated weighted-average dumping margins established for all exporters and producers individually examined are zero, de minimis or determined based entirely under section 776 of the Act, the Department may use any reasonable method to establish the estimated weighted-average dumping margin for all other producers or exporters. In the Amended Preliminary Determination, the Department calculated the ‘‘All Others’’ rate based Determination in the Antidumping Duty Investigation of Welded Stainless Pressure Pipe (‘‘WSPP’’) From Thailand’’ (May 22, 2014) (‘‘Issues and Decision Memorandum’’). 8 See Issues and Decision Memorandum at Comments 1 and 2. 9 See Issues and Decision Memorandum at Comment 4. E:\FR\FM\30MYN1.SGM 30MYN1 Federal Register / Vol. 79, No. 104 / Friday, May 30, 2014 / Notices on TGP’s rate from the Preliminary Determination. In light of the Department’s assignment of total AFA to TGP (and, previously to Ametai Co., Ltd. and Thareus Co., Ltd (Ametai/ Thareus), the other mandatory respondent in this investigation), TGP’s rate is no longer appropriate for the all others rate. In cases where there are no weighted-average dumping margins besides zero or de minimis, or where the rates established for individually investigated entities have been determined entirely under section 776 of the Act, the Department averages the margins calculated in the petition and applies the result to all other entities not individually examined.10 The average of the petition margins (i.e., 23.77 percent and 24.01 percent) is 23.89 percent.11 Therefore, the ‘‘All Others’’ rate applied to all other entities not individually examined is 23.89 percent. Final Determination The Department determines that the following final dumping margins exist for the POI: Protection (‘‘CBP’’) to continue to suspend liquidation of all appropriate entries of WSPP from Thailand as described in the ‘‘Scope of the Investigation’’ section, which were entered, or withdrawn from warehouse, for consumption on or after January 7, 2014, the date of publication of the Preliminary Determination in the Federal Register. CBP shall require a cash deposit equal to the estimated amount by which the normal value exceeds the U.S. price as follows: (1) The rates for Ametai/Thareus and TGP will be the rates we have determined in this final determination; (2) if the exporter is not a firm identified in this investigation but the producer is, the rate will be the rate established for the producer of the subject merchandise; (3) the rate for all other producers or exporters will be 23.89 percent, as discussed in the ‘‘All Others Rate’’ section, above. These instructions suspending liquidation will remain in effect until further notice. mstockstill on DSK4VPTVN1PROD with NOTICES U.S. International Trade Commission (‘‘ITC’’) Notification In accordance with section 735(d) of Dumping Manufacturer/exporter margin the Act, we will notify the ITC of our (percent) final affirmative determination of sales at LTFV. Because the final Ametai Co., Ltd./Thareus Co., determination in this proceeding is Ltd ........................................... * 24.01 affirmative, in accordance with section Thai-German Products Public Company Limited .................... 24.01 735(b)(2) of the Act, the ITC will make All Others .................................... 23.89 its final determination as to whether the domestic industry in the United States * Unchanged from the Amended Preliminary is materially injured, or threatened with Determination. material injury, by reason of imports or Disclosure sales for importation of WSPP from Thailand no later than 45 days after our The Department intends to disclose final determination. If the ITC calculations performed for this final determines that material injury or threat determination to the parties within five of material injury does not exist, the days of the date of publication of this proceeding will be terminated and all notice in accordance with 19 CFR securities posted will be refunded or 351.224(b). canceled. If the ITC determines that Continuation of Suspension of such injury does exist, the Department Liquidation will issue an antidumping duty order directing CBP to assess, upon further In accordance with section instruction by the Department, 735(c)(1)(B) of the Act, the Department antidumping duties on all imports of the will instruct U.S. Customs and Border subject merchandise entered, or 10 See Steel Threaded Rod From Thailand: withdrawn from warehouse, for Preliminary Determination of Sales at Less Than consumption on or after the effective Fair Value and Affirmative Preliminary date of the suspension of liquidation. Determination of Critical Circumstances, 78 FR 79670, 79671 (December 31, 2013) (‘‘Steel Threaded Rod From Thailand’’); see also Notice of Preliminary Determination of Sales at Less Than Fair Value: Sodium Nitrite From the Federal Republic of Germany, 73 FR 21909 (April 23, 2008); unchanged in Notice of Final Determination of Sales at Less Than Fair Value: Sodium Nitrite From the Federal Republic of Germany, 73 FR 38986 (July 8, 2008). 11 See Welded Stainless Pressure Pipe From Thailand Investigation Initiation Checklist, dated June 5, 2013, at 8, citing Welded Stainless Pressure Pipe From Thailand: Correction to Supplemental Response, dated May 30, 2013, at Exhibit III–8. VerDate Mar<15>2010 18:23 May 29, 2014 Jkt 232001 Notification Regarding Administrative Protective Orders (‘‘APO’’) This notice also serves as a reminder to the parties subject to APO of their responsibility concerning the disposition of propriety information disclosed under APO in accordance with 19 CFR 351.305. Timely written notification of return or destruction of APO materials or conversion to judicial protective order is hereby requested. PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 31095 Failure to comply with the regulations and terms of an APO is a sanctionable violation. This determination is issued and published in accordance with sections 735(d) and 777(i)(1) of the Act. Dated: May 22, 2014. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix Issues for the Final Determination I. Summary II. Background III. POI IV. Scope V. Adverse Facts Available VI. Discussion of the Issues Comment 1: Whether To Apply Total AFA With Respect to TGP Comment 2: AFA Rate To Apply to TGP Comment 3: Whether To Apply a Higher AFA Rate to Ametai/Thareus Comment 4: Whether To Revise the ‘‘All Others’’ Rate and, If Yes, What Rate To Select Recommendation [FR Doc. 2014–12588 Filed 5–29–14; 8:45 am] BILLING CODE 3510–DS–P COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED Procurement List; Proposed Additions Committee for Purchase From People Who Are Blind or Severely Disabled. ACTION: Proposed Additions to the Procurement List. AGENCY: The Committee is proposing to add products to the Procurement List that will be furnished by nonprofit agencies employing persons who are blind or have other severe disabilities. Comments Must be Received on or Before: 6/30/2014. ADDRESSES: Committee for Purchase From People Who Are Blind or Severely Disabled, 1401 S. Clark Street, Suite 10800, Arlington, Virginia 22202–4149. For Further Information or to Submit Comments Contact: Barry S. Lineback, Telephone: (703) 603–7740, Fax: (703) 603–0655, or email CMTEFedReg@AbilityOne.gov. SUMMARY: This notice is published pursuant to 41 USC 8503(a)(2) and 41 CFR 51–2.3. Its purpose is to provide interested persons an opportunity to submit comments on the proposed actions. SUPPLEMENTARY INFORMATION: Additions If the Committee approves the proposed additions, the entities of the E:\FR\FM\30MYN1.SGM 30MYN1

Agencies

[Federal Register Volume 79, Number 104 (Friday, May 30, 2014)]
[Notices]
[Pages 31093-31095]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-12588]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[A-549-830]


Welded Stainless Pressure Pipe From Thailand: Final Determination 
of Sales at Less Than Fair Value

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

DATES: Effective Date: May 30, 2014.
SUMMARY: The Department of Commerce (``Department'') determines that 
welded

[[Page 31094]]

stainless pressure pipe (``WSPP'') from Thailand is being, or is likely 
to be, sold in the United States at less than fair value (``LTFV''), as 
provided in section 735 of the Tariff Act of 1930, as amended (the 
``Act''). The final dumping margins for this investigation are listed 
in the ``Final Determination'' section below.

FOR FURTHER INFORMATION CONTACT: Brandon Farlander or Trisha Tran, AD/
CVD Operations, Office IV, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
0182 or (202) 482-4852, respectively.

SUPPLEMENTARY INFORMATION:

Background

    The Department published its Preliminary Determination on January 
7, 2014,\1\ and its Amended Preliminary Determination on February 26, 
2014.\2\ On March 13, 2014, we received a case brief \3\ from Bristol 
Metals, LLC, Felker Brothers Corp., and Outokumpu Stainless Pipe, Inc. 
(``Petitioners''). On March 18, 2014, we received a rebuttal brief \4\ 
from Thai-German Products Public Company Limited (``TGP''). Based on an 
analysis of the comments received, the Department made changes from the 
Preliminary Determination and Amended Preliminary Determination.
---------------------------------------------------------------------------

    \1\ See Welded Stainless Pressure Pipe From Thailand: 
Preliminary Determination of Sales at Less Than Fair Value and 
Postponement of Final Determination, 79 FR 812 (January 7, 2014) 
(``Preliminary Determination'').
    \2\ See Welded Stainless Pressure Pipe From Thailand: Amended 
Preliminary Determination of Sales at Less Than Fair Value, 79 FR 
10772 (February 26, 2014) (``Amended Preliminary Determination'').
    \3\ See submission from Petitioners, ``Welded Stainless Pressure 
Pipe From Thailand: Petitioners' Case Brief,'' dated March 13, 2014 
(``Petitioners' Case Brief'').
    \4\ See submission from TGP, ``Welded Stainless Steel Pressure 
Pipe From Thailand; Rebuttal Brief,'' dated March 18, 2014 (``TGP's 
Rebuttal Brief'').
---------------------------------------------------------------------------

Period of Investigation

    The period of investigation (``POI'') is April 1, 2012, through 
March 31, 2013.

Scope of the Investigation

    The merchandise covered by this investigation is circular welded 
austenitic stainless pressure pipe not greater than 14 inches in 
outside diameter. For purposes of this investigation, references to 
size are in nominal inches and include all products within tolerances 
allowed by pipe specifications. This merchandise includes, but is not 
limited to, the American Society for Testing and Materials (ASTM) A-312 
or ASTM A-778 specifications, or comparable domestic or foreign 
specifications. ASTM A-358 products are only included when they are 
produced to meet ASTM A-312 or ASTM A-778 specifications, or comparable 
domestic or foreign specifications.
    Excluded from the scope are: (1) Welded stainless mechanical 
tubing, meeting ASTM A-554 or comparable domestic or foreign 
specifications; (2) boiler, heat exchanger, superheater, refining 
furnace, feedwater heater, and condenser tubing, meeting ASTM A-249, 
ASTM A-688 or comparable domestic or foreign specifications; and (3) 
specialized tubing, meeting ASTM A269, ASTM A-270 or comparable 
domestic or foreign specifications.
    The subject imports are normally classified in subheadings 
7306.40.5005, 7306.40.5040, 7306.40.5062, 7306.40.5064, and 
7306.40.5085 of the Harmonized Tariff Schedule of the United States 
(HTSUS). They may also enter under HTSUS subheadings 7306.40.1010, 
7306.40.1015, 7306.40.5042, 7306.40.5044, 7306.40.5080, and 
7306.40.5090. The HTSUS subheadings are provided for convenience and 
customs purposes only; the written description of the scope of the 
investigation is dispositive.

Verification

    As provided in section 782(i) of the Act, from January 20, 2014 
through January 24, 2014, the Department attempted to verify the sales 
information submitted by TGP for use in the final determination. The 
Department used standard verification procedures, including examination 
of relevant accounting and production records and original source 
documents provided by the respondent. At verification, the Department 
discovered that TGP did not report the vast majority of its home market 
sales.\5\ In light of that, we cancelled TGP's cost verification.\6\
---------------------------------------------------------------------------

    \5\ See Memorandum From Trisha Tran and Brandon Farlander, 
Senior International Trade Compliance Analysts, AD/CVD Operations, 
Office IV, to the File, ``Antidumping Duty Investigation of Welded 
Stainless Pressure Pipe From Thailand: Verification of the 
Questionnaire Responses of Thai-German Products Public Company 
Limited,'' (March 5, 2014) (``TGP Sales Verification Report'').
    \6\ See TGP's Sales Verification Report.
---------------------------------------------------------------------------

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties in 
this investigation are addressed in the Issues and Decision 
Memorandum.\7\ A list of the issues raised by the parties and to which 
the Department responded in the Issues and Decision Memorandum is 
attached to this notice as an Appendix. The Issues and Decision 
Memorandum is a public document and is on file electronically via 
Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (``IA ACCESS''). IA ACCESS is 
available to registered users at https://iaaccess.trade.gov, and is 
available to all parties in the Central Records Unit, which is in room 
7046 of the main Department of Commerce building. In addition, a 
complete version of the Issues and Decision Memorandum can be accessed 
directly on the internet at https://enforcement.trade.gov/frn/. The paper copy and electronic version of the Issues and 
Decision Memorandum are identical in content.
---------------------------------------------------------------------------

    \7\ See Memorandum from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, to 
Paul Piquado, Assistant Secretary for Import Administration, 
``Issues and Decision Memorandum for the Final Determination in the 
Antidumping Duty Investigation of Welded Stainless Pressure Pipe 
(``WSPP'') From Thailand'' (May 22, 2014) (``Issues and Decision 
Memorandum'').
---------------------------------------------------------------------------

Changes Since the Preliminary Determination and Amended Preliminary 
Determination

    Based on our analysis of the comments received and our findings at 
verification:
     We applied total adverse facts available (``AFA'') to TGP 
and assigned to it the highest margin alleged in the petition, i.e., 
24.01 percent, as TGP's AFA rate.\8\
---------------------------------------------------------------------------

    \8\ See Issues and Decision Memorandum at Comments 1 and 2.
---------------------------------------------------------------------------

     We revised the ``All Others'' rate.\9\
---------------------------------------------------------------------------

    \9\ See Issues and Decision Memorandum at Comment 4.
---------------------------------------------------------------------------

``All Others'' Rate

    Section 735(c)(5)(A) of the Act provides that the estimated all-
others rate shall be an amount equal to the weighted-average of the 
estimated weighted-average dumping margins established for exporters 
and producers individually investigated excluding any zero or de 
minimis and margins based entirely under section 776 of the Act. 
Pursuant to sectin 735(c)(5)(B) of the Act, if the estimated weighted-
average dumping margins established for all exporters and producers 
individually examined are zero, de minimis or determined based entirely 
under section 776 of the Act, the Department may use any reasonable 
method to establish the estimated weighted-average dumping margin for 
all other producers or exporters. In the Amended Preliminary 
Determination, the Department calculated the ``All Others'' rate based

[[Page 31095]]

on TGP's rate from the Preliminary Determination. In light of the 
Department's assignment of total AFA to TGP (and, previously to Ametai 
Co., Ltd. and Thareus Co., Ltd (Ametai/Thareus), the other mandatory 
respondent in this investigation), TGP's rate is no longer appropriate 
for the all others rate. In cases where there are no weighted-average 
dumping margins besides zero or de minimis, or where the rates 
established for individually investigated entities have been determined 
entirely under section 776 of the Act, the Department averages the 
margins calculated in the petition and applies the result to all other 
entities not individually examined.\10\ The average of the petition 
margins (i.e., 23.77 percent and 24.01 percent) is 23.89 percent.\11\ 
Therefore, the ``All Others'' rate applied to all other entities not 
individually examined is 23.89 percent.
---------------------------------------------------------------------------

    \10\ See Steel Threaded Rod From Thailand: Preliminary 
Determination of Sales at Less Than Fair Value and Affirmative 
Preliminary Determination of Critical Circumstances, 78 FR 79670, 
79671 (December 31, 2013) (``Steel Threaded Rod From Thailand''); 
see also Notice of Preliminary Determination of Sales at Less Than 
Fair Value: Sodium Nitrite From the Federal Republic of Germany, 73 
FR 21909 (April 23, 2008); unchanged in Notice of Final 
Determination of Sales at Less Than Fair Value: Sodium Nitrite From 
the Federal Republic of Germany, 73 FR 38986 (July 8, 2008).
    \11\ See Welded Stainless Pressure Pipe From Thailand 
Investigation Initiation Checklist, dated June 5, 2013, at 8, citing 
Welded Stainless Pressure Pipe From Thailand: Correction to 
Supplemental Response, dated May 30, 2013, at Exhibit III-8.
---------------------------------------------------------------------------

Final Determination

    The Department determines that the following final dumping margins 
exist for the POI:

------------------------------------------------------------------------
                                                                Dumping
                    Manufacturer/exporter                       margin
                                                               (percent)
------------------------------------------------------------------------
Ametai Co., Ltd./Thareus Co., Ltd...........................     * 24.01
Thai-German Products Public Company Limited.................       24.01
All Others..................................................       23.89
------------------------------------------------------------------------
* Unchanged from the Amended Preliminary Determination.

Disclosure

    The Department intends to disclose calculations performed for this 
final determination to the parties within five days of the date of 
publication of this notice in accordance with 19 CFR 351.224(b).

Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, the Department 
will instruct U.S. Customs and Border Protection (``CBP'') to continue 
to suspend liquidation of all appropriate entries of WSPP from Thailand 
as described in the ``Scope of the Investigation'' section, which were 
entered, or withdrawn from warehouse, for consumption on or after 
January 7, 2014, the date of publication of the Preliminary 
Determination in the Federal Register. CBP shall require a cash deposit 
equal to the estimated amount by which the normal value exceeds the 
U.S. price as follows: (1) The rates for Ametai/Thareus and TGP will be 
the rates we have determined in this final determination; (2) if the 
exporter is not a firm identified in this investigation but the 
producer is, the rate will be the rate established for the producer of 
the subject merchandise; (3) the rate for all other producers or 
exporters will be 23.89 percent, as discussed in the ``All Others 
Rate'' section, above. These instructions suspending liquidation will 
remain in effect until further notice.

U.S. International Trade Commission (``ITC'') Notification

    In accordance with section 735(d) of the Act, we will notify the 
ITC of our final affirmative determination of sales at LTFV. Because 
the final determination in this proceeding is affirmative, in 
accordance with section 735(b)(2) of the Act, the ITC will make its 
final determination as to whether the domestic industry in the United 
States is materially injured, or threatened with material injury, by 
reason of imports or sales for importation of WSPP from Thailand no 
later than 45 days after our final determination. If the ITC determines 
that material injury or threat of material injury does not exist, the 
proceeding will be terminated and all securities posted will be 
refunded or canceled. If the ITC determines that such injury does 
exist, the Department will issue an antidumping duty order directing 
CBP to assess, upon further instruction by the Department, antidumping 
duties on all imports of the subject merchandise entered, or withdrawn 
from warehouse, for consumption on or after the effective date of the 
suspension of liquidation.

Notification Regarding Administrative Protective Orders (``APO'')

    This notice also serves as a reminder to the parties subject to APO 
of their responsibility concerning the disposition of propriety 
information disclosed under APO in accordance with 19 CFR 351.305. 
Timely written notification of 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 sanctionable 
violation.
    This determination is issued and published in accordance with 
sections 735(d) and 777(i)(1) of the Act.

    Dated: May 22, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix

Issues for the Final Determination

I. Summary
II. Background
III. POI
IV. Scope
V. Adverse Facts Available
VI. Discussion of the Issues
    Comment 1: Whether To Apply Total AFA With Respect to TGP
    Comment 2: AFA Rate To Apply to TGP
    Comment 3: Whether To Apply a Higher AFA Rate to Ametai/Thareus
    Comment 4: Whether To Revise the ``All Others'' Rate and, If 
Yes, What Rate To Select Recommendation

[FR Doc. 2014-12588 Filed 5-29-14; 8:45 am]
BILLING CODE 3510-DS-P
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