Steel Propane Cylinders From Thailand: Preliminary Affirmative Determination of Sales at Less Than Fair Value and Postponement of Final Determination, 66678-66680 [2018-28066]
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66678
Federal Register / Vol. 83, No. 247 / Thursday, December 27, 2018 / Notices
E. The China-Wide Entity
F. Application of Facts Available and
Adverse Inferences
G. Date of Sale
H. Comparisons to Fair Value
I. Export Price
J. Value-Added Tax
K. Normal Value
L. Factor Valuation Methodology
VII. Currency Conversion
VIII. Adjustment for Countervailable Export
Subsidies
IX. Adjustment Under Section 777A(f) of the
Act
X. Verification
XI. U.S. International Trade Commission
Notification
XII. Recommendation
[FR Doc. 2018–28065 Filed 12–26–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–549–839]
Steel Propane Cylinders From
Thailand: Preliminary Affirmative
Determination of Sales at Less Than
Fair Value and Postponement of Final
Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that steel propane cylinders from
Thailand are being, or are likely to be,
sold in the United States at less than fair
value (LTFV). Interested parties are
invited to comment on this preliminary
determination.
DATES: Applicable December 27, 2018.
FOR FURTHER INFORMATION CONTACT:
Cindy Robinson or Stephanie Moore,
AD/CVD Operations, Office III,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–3797 or
(202) 482–3692, respectively.
SUPPLEMENTARY INFORMATION:
khammond on DSK30JT082PROD with NOTICES
AGENCY:
Background
This preliminary determination is
made in accordance with section 733(b)
of the Tariff Act of 1930, as amended
(the Act). Commerce published the
notice of initiation of this investigation
on June 18, 2018.1 On October 15, 2018,
Commerce postponed the preliminary
determination of this investigation and
1 See Steel Propane Cylinders from the People’s
Republic of China, Taiwan, and Thailand: Initiation
of Less-Than-Fair-Value Investigations, 83 FR 28196
(June 18, 2018) (Initiation Notice) and
accompanying Initiation Checklist.
VerDate Sep<11>2014
17:14 Dec 26, 2018
Jkt 247001
the revised deadline is now December
18, 2018.2 For a complete description of
the events that followed the initiation of
this investigation, see the Preliminary
Decision Memorandum.3 A list of topics
included in the Preliminary Decision
Memorandum is included as Appendix
II to this notice. The Preliminary
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov, and to all parties in the
Central Records Unit, room B8024 of the
main Department of Commerce
building. In addition, a complete
version of the Preliminary Decision
Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/.
The signed and electronic versions of
the Preliminary Decision Memorandum
are identical in content.
Scope of the Investigation
The products covered by this
investigation are steel propane cylinders
from Thailand. For a complete
discussion of the scope of this
investigation, see Appendix I.
Scope Comments
In accordance with the preamble to
Commerce’s regulations,4 the Initiation
Notice set aside a period of time for
parties to raise issues regarding product
coverage (i.e., scope).5 Certain interested
parties commented on the scope of the
investigation as it appeared in the
Initiation Notice. For a summary of the
product coverage comments and
rebuttal responses submitted to the
record for this preliminary
determination and accompanying
discussion and analysis of all comments
timely received, see the Preliminary
Scope Decision Memorandum.6
Commerce is preliminarily modifying
the scope language as it appeared in the
Initiation Notice. See the revised scope
in Appendix I to this notice.
Methodology
Commerce is conducting this
investigation in accordance with section
731 of the Act. Export prices were
calculated in accordance with section
772(a) of the Act. Normal value (NV)
was calculated in accordance with
section 773 of the Act. For a full
description of the methodology
underlying the preliminary
determination, see the Preliminary
Decision Memorandum.
All-Others Rate
Sections 733(d)(1)(ii) and 735(c)(5)(A)
of the Act provide that in the
preliminary determination Commerce
shall determine an estimated all-others
rate for all exporters and producers not
individually examined. This rate shall
be an amount equal to the weighted
average of the estimated weightedaverage dumping margins established
for exporters and producers
individually investigated, excluding any
zero and de minimis margins, and any
margins determined entirely under
section 776 of the Act.
Commerce calculated an individual
estimated weighted-average dumping
margin for Sahamitr Pressure Container
Public Company Limited (SMPC), the
only individually examined exporter/
producer in this investigation. Because
the only individually calculated
dumping margin is not zero, de
minimis, or based entirely on facts
otherwise available, the estimated
weighted-average dumping margin
calculated for SMPC is the margin
assigned to all-other producers and
exporters, pursuant to section
735(c)(5)(A) of the Act.
Preliminary Determination
Commerce preliminarily determines
that the following estimated weightedaverage dumping margins exist:
Exporter/producer
2 See Steel Propane Cylinders from the People’s
Republic of China and Thailand: Postponement of
Preliminary Determinations in the Less-Than-FairValue Investigations, 83 FR 51927 (October 15,
2018) (Preliminary Postponement Notice).
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Determination in the Less-ThanFair-Value Investigation of Steel Propane Cylinders
from Thailand’’ dated concurrently with, and
hereby adopted by, this notice (Preliminary
Decision Memorandum).
4 See Antidumping Duties; Countervailing Duties,
62 FR 27296, 27323 (May 19, 1997) (Preamble).
5 See Initiation Notice, 83 FR at 28196.
6 See Memorandum, ‘‘Scope Comments Decision
Memorandum for the Preliminary Determinations’’
(Preliminary Scope Decision Memorandum), dated
concurrently with this preliminary determination.
PO 00000
Frm 00008
Fmt 4703
Sfmt 4703
Sahamitr Pressure Container Plc .....................
All-Others ........................
Estimated
weighted-average
dumping margin
(percent)
9.85
9.85
Suspension of Liquidation
In accordance with section 733(d)(2)
of the Act, Commerce will direct U.S.
Customs and Border Protection (CBP) to
suspend liquidation of entries of subject
merchandise, as described in Appendix
I, entered, or withdrawn from
warehouse, for consumption on or after
the date of publication of this notice in
E:\FR\FM\27DEN1.SGM
27DEN1
Federal Register / Vol. 83, No. 247 / Thursday, December 27, 2018 / Notices
the Federal Register. Further, pursuant
to section 733(d)(1)(B) of the Act and 19
CFR 351.205(d), Commerce will instruct
CBP to require a cash deposit equal to
the estimated weighted-average
dumping margin or the estimated allothers rate, as follows: (1) The cash
deposit rate for the respondents listed
above will be equal to the companyspecific estimated weighted-average
dumping margins determined in this
preliminary determination; (2) if the
exporter is not a respondent identified
above, but the producer is, then the cash
deposit rate will be equal to the
company-specific estimated weightedaverage dumping margin established for
that producer of the subject
merchandise; and (3) the cash deposit
rate for all other producers and
exporters will be equal to the all-others
estimated weighted-average dumping
margin.
Disclosure
Commerce intends to disclose its
calculations and analysis performed to
interested parties in this preliminary
determination within five days of any
public announcement or, if there is no
public announcement, within five days
of the date of publication of this notice
in accordance with 19 CFR 351.224(b).
khammond on DSK30JT082PROD with NOTICES
Verification
As provided in section 782(i)(1) of the
Act, Commerce intends to verify the
information relied upon in making its
final determination.
Public Comment
Case briefs or other written comments
may be submitted to the Assistant
Secretary for Enforcement and
Compliance no later than seven days
after the date on which the last
verification report is issued in this
investigation. Rebuttal briefs, limited to
issues raised in case briefs, may be
submitted no later than five days after
the deadline date for case briefs.7
Pursuant to 19 CFR 351.309(c)(2) and
(d)(2), parties who submit case briefs or
rebuttal briefs in this investigation are
encouraged to submit with each
argument: (1) A statement of the issue;
(2) a brief summary of the argument;
and (3) a table of authorities.
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, limited to issues raised in the
case and rebuttal briefs, must submit a
written request to the Assistant
Secretary for Enforcement and
Compliance, U.S. Department of
Commerce, within 30 days after the date
7 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
VerDate Sep<11>2014
17:14 Dec 26, 2018
Jkt 247001
of publication of this notice. Requests
should contain the party’s name,
address, and telephone number, the
number of participants, whether any
participant is a foreign national, and a
list of the issues to be discussed. If a
request for a hearing is made, Commerce
intends to hold the hearing at the U.S.
Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230, at a time and date to be
determined. Parties should confirm by
telephone the date, time, and location of
the hearing two days before the
scheduled date.
Postponement of Final Determination
and Extension of Provisional Measures
Section 735(a)(2) of the Act provides
that a final determination may be
postponed until not later than 135 days
after the date of the publication of the
preliminary determination if, in the
event of an affirmative preliminary
determination, a request for such
postponement is made by exporters who
account for a significant proportion of
exports of the subject merchandise, or in
the event of a negative preliminary
determination, a request for such
postponement is made by the petitioner.
Section 351.210(e)(2) of Commerce’s
regulations requires that a request by
exporters for postponement of the final
determination be accompanied by a
request for extension of provisional
measures from a four-month period to a
period not more than six months in
duration.
On December 10, 2018, in accordance
with section 735(a)(2)(A) of the Act and
19 CFR 351.210(b)(2)(ii) and (e)(2),
SMPC requested that Commerce
postpone the final determination and
that provisional measures by extended
to a period not to exceed six months.8
On December 12, 2018, the petitioners
provided their support for SMPC’s
request to extend the final
determination of this investigation.9
In accordance with section
735(a)(2)(A) of the Act and 19 CFR
351.210(b)(2)(ii), because (1) the
preliminary determination is
affirmative, (2) the requesting exporter
accounts for a significant proportion of
exports of the subject merchandise, and
(3) no compelling reasons for denial
exist, Commerce is postponing the final
determination and extending the
8 See SMPC’s letter, ‘‘Steel Propane Cylinders
from Thailand: Request to Postpone Deadline for
Issuing the Final Determination,’’ dated December
10, 2018.
9 See the petitioners’ letter, ‘‘Steel Propane
Cylinders from Thailand—Petitioners’ Concur In
the Request of SMPC to Extend the Antidumping
Duty Final Determination,’’ dated December 12,
2018.
PO 00000
Frm 00009
Fmt 4703
Sfmt 4703
66679
provisional measures from a four-month
period to a period not greater than six
months. Accordingly, Commerce will
make its final determination no later
than 135 days after the date of
publication of this preliminary
determination.
International Trade Commission
Notification
In accordance with section 733(f) of
the Act, Commerce will notify the
International Trade Commission (ITC) of
its affirmative preliminary
determination. If the final determination
is affirmative, the ITC will determine
before the later of 120 days after the date
of this preliminary determination or 45
days after the final determination
whether these imports are materially
injuring, or threaten material injury to,
the U.S. industry.10
Notification to Interested Parties
This determination is issued and
published in accordance with sections
733(f) and 777(i)(1) of the Act and 19
CFR 351.205(c).
Dated: December 18, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations
performing the non-exclusive functions and
duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix I
Scope of the Investigation
The merchandise covered by this
investigation is steel cylinders for
compressed or liquefied propane or other
gases (steel propane cylinders) meeting the
requirements of, or produced to meet the
requirements of, U.S. Department of
Transportation (USDOT) Specifications 4B,
4BA, or 4BW, or Transport Canada
Specification 4BM, 4BAM, or 4BWM, or
United Nations pressure receptacle standard
ISO 4706 and otherwise meeting the
description provided below. The scope
includes steel propane cylinders regardless of
whether they have been certified to these
specifications before importation. Steel
propane cylinders range from 2.5 pound
nominal gas capacity (approximate 6 pound
water capacity and approximate 4–6 pound
tare weight) to 42 pound nominal gas
capacity (approximate 100 pound water
capacity and approximate 28–32 pound tare
weight). Steel propane cylinders have two or
fewer ports and may be imported assembled
or unassembled (i.e., welded or brazed before
or after importation), with or without all
components (including collars, valves,
gauges, tanks, foot rings, and overfill
prevention devices), and coated or uncoated.
Also included within the scope are drawn
cylinder halves, unfinished propane
cylinders, collars, and foot rings for steel
propane cylinders.
10 See
E:\FR\FM\27DEN1.SGM
section 735(b)(2) of the Act.
27DEN1
66680
Federal Register / Vol. 83, No. 247 / Thursday, December 27, 2018 / Notices
An ‘‘unfinished’’ or ‘‘unassembled’’
propane cylinder includes drawn cylinder
halves that have not been welded into a
cylinder, cylinders that have not had flanges
welded into the port hole(s), cylinders that
are otherwise complete but have not had
collars or foot rings welded to them,
otherwise complete cylinders without a valve
assembly attached, and cylinders that are
otherwise complete except for testing,
certification, and/or marking.
This investigation also covers steel
propane cylinders that meet, are produced to
meet, or are certified as meeting, other U.S.
or Canadian government, international, or
industry standards (including, for example,
American Society of Mechanical Engineers
(ASME), or American National Standard
Institute (ANSI)), if they also meet, are
produced to meet, or are certified as meeting
USDOT Specification 4B, 4BA, or 4BW, or
Transport Canada Specification 4BM, 4BAM,
or 4BWM, or a United Nations pressure
receptacle standard ISO 4706.
Subject merchandise also includes steel
propane cylinders that have been further
processed in a third country, including but
not limited to, attachment of collars, foot
rings, or handles by welding or brazing, heat
treatment, painting, testing, certification, or
any other processing that would not
otherwise remove the merchandise from the
scope of the investigation if performed in the
country of manufacture of the in-scope steel
propane cylinders.
Specifically excluded are seamless steel
propane cylinders and propane cylinders
made from stainless steel (i.e., steel
containing at least 10.5 percent chromium by
weight and less than 1.2 percent carbon by
weight), aluminum, or composite fiber
material. Composite fiber material is material
consisting of the mechanical combination of
two components: Fiber (typically glass,
carbon, or aramid (synthetic polymer)) and a
matrix material (typically polymer resin,
ceramic, or metallic).
The merchandise subject to this
investigation is properly classified under
statistical reporting numbers 7311.00.0060
and 7311.00.0090 of the Harmonized Tariff
Schedule of the United States (HTSUS).
Although the HTSUS statistical reporting
numbers are provided for convenience and
customs purposes, the written description of
the merchandise is dispositive.
khammond on DSK30JT082PROD with NOTICES
Appendix II
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Postponement of Final Determination and
Extension of Provisional Measures
V. Scope Comments
VI. Discussion of the Methodology
A. Determination of the Comparison
Method
B. Results of the Differential Pricing
Analysis
VII. Date of Sale
VIII. Product Comparisons
IX. Export Price
X. Normal Value
A. Comparison Market Viability
VerDate Sep<11>2014
17:14 Dec 26, 2018
Jkt 247001
B. Level of Trade
C. Cost of Production (COP) Analysis
1. Calculation of COP
2. Test of Comparison Market Sales Prices
3. Results of the COP Test
D. Calculation of NV Based on Comparison
Market Prices
XI. Currency Conversion
XII. Verification
XIII. Recommendation
[FR Doc. 2018–28066 Filed 12–26–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–201–820]
Fresh Tomatoes From Mexico: Final
Results of the Full Sunset Review of
the Suspended Antidumping Duty
Investigation
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On February 1, 2018, the
Department of Commerce (Commerce)
initiated the fourth sunset review of the
suspended antidumping duty
investigation on fresh tomatoes from
Mexico. Commerce finds that
termination of the suspended
antidumping duty investigation on fresh
tomatoes from Mexico would be likely
to lead to continuation or recurrence of
dumping at the levels indicated in the
‘‘Final Results of Review’’ section of this
notice.
DATES: Applicable December 27, 2018.
FOR FURTHER INFORMATION CONTACT:
Sally C. Gannon or David Cordell,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–0162 or
(202) 482–0408, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On August 27, 2018, Commerce
preliminarily determined that
termination of the suspended
antidumping duty investigation on fresh
tomatoes from Mexico would likely lead
to continuation or recurrence of
dumping.1 On September 26, 2018, the
Confederacio´n de Asociaciones
Agrı´colas del Estado de Sinaloa, A.C.,
Consejo Agrı´cola de Baja California,
A.C., Asociacio´n Mexicana de
Horticultura Protegida, A.C., Asociacio´n
de Productores de Hortalizas del Yaqui
1 See Fresh Tomatoes from Mexico: Preliminary
Results of the Five-Year Sunset Review of the 2013
Suspension Agreement on Fresh Tomatoes, 83 FR
43642 (August 27, 2018).
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
y Mayo and Sistema Producto Tomate
(collectively, the Mexican growers) filed
their case brief, and requested a hearing
on the matter; 2 NS Brands, Ltd., and its
affiliates (collectively, NatureSweet)
also filed their case brief on September
26, 2018.3 On September 27, 2018, the
Florida Tomato Exchange (the FTE)
requested a one-week extension of the
October 1, 2018 deadline to file its
rebuttal brief; 4 on September 28, 2018,
Commerce granted the extension and set
the deadline for submission of rebuttal
briefs as October 9, 2018, to account for
the federal holiday on October 8, 2018.5
The FTE timely submitted its rebuttal
brief on October 9, 2018.6 Commerce
scheduled the public hearing on the
matter for, and the public hearing was
held on, October 16, 2018. On
November 14, 2018, Commerce
requested additional information from
the FTE regarding information that was
not provided in its intent to participate
submittal.7 The FTE provided its timely
response to the request for further
information on November 21, 2018.8
The Mexican growers timely provided
rebuttal comments on November 26,
2018.9 The FTE submitted a timely surrebuttal on November 29, 2018.10
Scope of the Suspension Agreement
For a full description of the scope of
the Agreement, please refer to the
accompanying Issues and Decision
Memorandum.
2 See Mexican Growers’ Case Brief, ‘‘Sunset
Review of the 2013 Suspension Agreement on Fresh
Tomatoes from Mexico,’’ (September 26, 2018) at 1.
3 See NatureSweet’s Case Brief, ‘‘Case Brief of NS
Brands, LTD.’’ (September 26, 2018).
4 See Letter to Wilbur Ross, Secretary of
Commerce, from the Florida Tomato Exchange,
‘‘Fresh Tomatoes from Mexico: Rebuttal Brief
Extension Request’’ (September 27, 2018).
5 See Memorandum, ‘‘2018 Sunset Review of the
2013 Suspension Agreement on Fresh Tomatoes
from Mexico; Extension for Rebuttal Briefs:
Correction of Rebuttal Deadline’’ (September 28,
2018).
6 See FTE’s Rebuttal Brief, ‘‘Rebuttal Brief of the
Florida Tomato Exchange’’ (October 9, 2018).
7 See Letter to Wilbur Ross, Secretary of
Commerce, from the Florida Tomato Exchange,
‘‘Fresh Tomatoes from Mexico: Notice of Intent to
Participate’’ (February 15, 2018).
8 See Letter to Wilbur Ross, Secretary of
Commerce, from the Florida Tomato Exchange,
‘‘Fresh Tomatoes from Mexico: Response to Request
for Additional Information’’ (November 21, 2018).
9 See Letter to Wilbur Ross, Secretary of
Commerce, from the Confederacio´n de Asociaciones
Agrı´colas del Estado de Sinaloa, A.C., et al.,
‘‘Sunset Review of the 2013 Suspension Agreement
on Fresh Tomatoes from Mexico’’ (November 26,
2018).
10 See Letter to Wilbur Ross, Secretary of
Commerce, from the Florida Tomato Exchange,
‘‘Fresh Tomatoes from Mexico: Reply to CAADES’
November 26, 2018 Comments’’ (November 29,
2018).
E:\FR\FM\27DEN1.SGM
27DEN1
Agencies
[Federal Register Volume 83, Number 247 (Thursday, December 27, 2018)]
[Notices]
[Pages 66678-66680]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-28066]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-549-839]
Steel Propane Cylinders From Thailand: Preliminary Affirmative
Determination of Sales at Less Than Fair Value and Postponement of
Final Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that steel propane cylinders from Thailand are being, or are likely to
be, sold in the United States at less than fair value (LTFV).
Interested parties are invited to comment on this preliminary
determination.
DATES: Applicable December 27, 2018.
FOR FURTHER INFORMATION CONTACT: Cindy Robinson or Stephanie Moore, AD/
CVD Operations, Office III, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-3797 or (202)
482-3692, respectively.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
733(b) of the Tariff Act of 1930, as amended (the Act). Commerce
published the notice of initiation of this investigation on June 18,
2018.\1\ On October 15, 2018, Commerce postponed the preliminary
determination of this investigation and the revised deadline is now
December 18, 2018.\2\ For a complete description of the events that
followed the initiation of this investigation, see the Preliminary
Decision Memorandum.\3\ A list of topics included in the Preliminary
Decision Memorandum is included as Appendix II to this notice. The
Preliminary Decision Memorandum is a public document and is on file
electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users at https://access.trade.gov,
and to all parties in the Central Records Unit, room B8024 of the main
Department of Commerce building. In addition, a complete version of the
Preliminary Decision Memorandum can be accessed directly at https://enforcement.trade.gov/frn/. The signed and electronic versions of the
Preliminary Decision Memorandum are identical in content.
---------------------------------------------------------------------------
\1\ See Steel Propane Cylinders from the People's Republic of
China, Taiwan, and Thailand: Initiation of Less-Than-Fair-Value
Investigations, 83 FR 28196 (June 18, 2018) (Initiation Notice) and
accompanying Initiation Checklist.
\2\ See Steel Propane Cylinders from the People's Republic of
China and Thailand: Postponement of Preliminary Determinations in
the Less-Than-Fair- Value Investigations, 83 FR 51927 (October 15,
2018) (Preliminary Postponement Notice).
\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Determination in the Less-Than-Fair-Value Investigation of Steel
Propane Cylinders from Thailand'' dated concurrently with, and
hereby adopted by, this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The products covered by this investigation are steel propane
cylinders from Thailand. For a complete discussion of the scope of this
investigation, see Appendix I.
Scope Comments
In accordance with the preamble to Commerce's regulations,\4\ the
Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage (i.e., scope).\5\ Certain interested
parties commented on the scope of the investigation as it appeared in
the Initiation Notice. For a summary of the product coverage comments
and rebuttal responses submitted to the record for this preliminary
determination and accompanying discussion and analysis of all comments
timely received, see the Preliminary Scope Decision Memorandum.\6\
Commerce is preliminarily modifying the scope language as it appeared
in the Initiation Notice. See the revised scope in Appendix I to this
notice.
---------------------------------------------------------------------------
\4\ See Antidumping Duties; Countervailing Duties, 62 FR 27296,
27323 (May 19, 1997) (Preamble).
\5\ See Initiation Notice, 83 FR at 28196.
\6\ See Memorandum, ``Scope Comments Decision Memorandum for the
Preliminary Determinations'' (Preliminary Scope Decision
Memorandum), dated concurrently with this preliminary determination.
---------------------------------------------------------------------------
Methodology
Commerce is conducting this investigation in accordance with
section 731 of the Act. Export prices were calculated in accordance
with section 772(a) of the Act. Normal value (NV) was calculated in
accordance with section 773 of the Act. For a full description of the
methodology underlying the preliminary determination, see the
Preliminary Decision Memorandum.
All-Others Rate
Sections 733(d)(1)(ii) and 735(c)(5)(A) of the Act provide that in
the preliminary determination Commerce shall determine an estimated
all-others rate for all exporters and producers not individually
examined. This 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
and de minimis margins, and any margins determined entirely under
section 776 of the Act.
Commerce calculated an individual estimated weighted-average
dumping margin for Sahamitr Pressure Container Public Company Limited
(SMPC), the only individually examined exporter/producer in this
investigation. Because the only individually calculated dumping margin
is not zero, de minimis, or based entirely on facts otherwise
available, the estimated weighted-average dumping margin calculated for
SMPC is the margin assigned to all-other producers and exporters,
pursuant to section 735(c)(5)(A) of the Act.
Preliminary Determination
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist:
------------------------------------------------------------------------
Estimated
weighted-average
Exporter/producer dumping margin
(percent)
------------------------------------------------------------------------
Sahamitr Pressure Container Plc...................... 9.85
All-Others........................................... 9.85
------------------------------------------------------------------------
Suspension of Liquidation
In accordance with section 733(d)(2) of the Act, Commerce will
direct U.S. Customs and Border Protection (CBP) to suspend liquidation
of entries of subject merchandise, as described in Appendix I, entered,
or withdrawn from warehouse, for consumption on or after the date of
publication of this notice in
[[Page 66679]]
the Federal Register. Further, pursuant to section 733(d)(1)(B) of the
Act and 19 CFR 351.205(d), Commerce will instruct CBP to require a cash
deposit equal to the estimated weighted-average dumping margin or the
estimated all-others rate, as follows: (1) The cash deposit rate for
the respondents listed above will be equal to the company-specific
estimated weighted-average dumping margins determined in this
preliminary determination; (2) if the exporter is not a respondent
identified above, but the producer is, then the cash deposit rate will
be equal to the company-specific estimated weighted-average dumping
margin established for that producer of the subject merchandise; and
(3) the cash deposit rate for all other producers and exporters will be
equal to the all-others estimated weighted-average dumping margin.
Disclosure
Commerce intends to disclose its calculations and analysis
performed to interested parties in this preliminary determination
within five days of any public announcement or, if there is no public
announcement, within five days of the date of publication of this
notice in accordance with 19 CFR 351.224(b).
Verification
As provided in section 782(i)(1) of the Act, Commerce intends to
verify the information relied upon in making its final determination.
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance no later than seven
days after the date on which the last verification report is issued in
this investigation. Rebuttal briefs, limited to issues raised in case
briefs, may be submitted no later than five days after the deadline
date for case briefs.\7\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2),
parties who submit case briefs or rebuttal briefs in this investigation
are encouraged to submit with each argument: (1) A statement of the
issue; (2) a brief summary of the argument; and (3) a table of
authorities.
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\7\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce, within 30 days
after the date of publication of this notice. Requests should contain
the party's name, address, and telephone number, the number of
participants, whether any participant is a foreign national, and a list
of the issues to be discussed. If a request for a hearing is made,
Commerce intends to hold the hearing at the U.S. Department of
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, at a time
and date to be determined. Parties should confirm by telephone the
date, time, and location of the hearing two days before the scheduled
date.
Postponement of Final Determination and Extension of Provisional
Measures
Section 735(a)(2) of the Act provides that a final determination
may be postponed until not later than 135 days after the date of the
publication of the preliminary determination if, in the event of an
affirmative preliminary determination, a request for such postponement
is made by exporters who account for a significant proportion of
exports of the subject merchandise, or in the event of a negative
preliminary determination, a request for such postponement is made by
the petitioner. Section 351.210(e)(2) of Commerce's regulations
requires that a request by exporters for postponement of the final
determination be accompanied by a request for extension of provisional
measures from a four-month period to a period not more than six months
in duration.
On December 10, 2018, in accordance with section 735(a)(2)(A) of
the Act and 19 CFR 351.210(b)(2)(ii) and (e)(2), SMPC requested that
Commerce postpone the final determination and that provisional measures
by extended to a period not to exceed six months.\8\ On December 12,
2018, the petitioners provided their support for SMPC's request to
extend the final determination of this investigation.\9\
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\8\ See SMPC's letter, ``Steel Propane Cylinders from Thailand:
Request to Postpone Deadline for Issuing the Final Determination,''
dated December 10, 2018.
\9\ See the petitioners' letter, ``Steel Propane Cylinders from
Thailand--Petitioners' Concur In the Request of SMPC to Extend the
Antidumping Duty Final Determination,'' dated December 12, 2018.
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In accordance with section 735(a)(2)(A) of the Act and 19 CFR
351.210(b)(2)(ii), because (1) the preliminary determination is
affirmative, (2) the requesting exporter accounts for a significant
proportion of exports of the subject merchandise, and (3) no compelling
reasons for denial exist, Commerce is postponing the final
determination and extending the provisional measures from a four-month
period to a period not greater than six months. Accordingly, Commerce
will make its final determination no later than 135 days after the date
of publication of this preliminary determination.
International Trade Commission Notification
In accordance with section 733(f) of the Act, Commerce will notify
the International Trade Commission (ITC) of its affirmative preliminary
determination. If the final determination is affirmative, the ITC will
determine before the later of 120 days after the date of this
preliminary determination or 45 days after the final determination
whether these imports are materially injuring, or threaten material
injury to, the U.S. industry.\10\
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\10\ See section 735(b)(2) of the Act.
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Notification to Interested Parties
This determination is issued and published in accordance with
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).
Dated: December 18, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations performing the non-exclusive functions and duties of the
Assistant Secretary for Enforcement and Compliance.
Appendix I
Scope of the Investigation
The merchandise covered by this investigation is steel cylinders
for compressed or liquefied propane or other gases (steel propane
cylinders) meeting the requirements of, or produced to meet the
requirements of, U.S. Department of Transportation (USDOT)
Specifications 4B, 4BA, or 4BW, or Transport Canada Specification
4BM, 4BAM, or 4BWM, or United Nations pressure receptacle standard
ISO 4706 and otherwise meeting the description provided below. The
scope includes steel propane cylinders regardless of whether they
have been certified to these specifications before importation.
Steel propane cylinders range from 2.5 pound nominal gas capacity
(approximate 6 pound water capacity and approximate 4-6 pound tare
weight) to 42 pound nominal gas capacity (approximate 100 pound
water capacity and approximate 28-32 pound tare weight). Steel
propane cylinders have two or fewer ports and may be imported
assembled or unassembled (i.e., welded or brazed before or after
importation), with or without all components (including collars,
valves, gauges, tanks, foot rings, and overfill prevention devices),
and coated or uncoated. Also included within the scope are drawn
cylinder halves, unfinished propane cylinders, collars, and foot
rings for steel propane cylinders.
[[Page 66680]]
An ``unfinished'' or ``unassembled'' propane cylinder includes
drawn cylinder halves that have not been welded into a cylinder,
cylinders that have not had flanges welded into the port hole(s),
cylinders that are otherwise complete but have not had collars or
foot rings welded to them, otherwise complete cylinders without a
valve assembly attached, and cylinders that are otherwise complete
except for testing, certification, and/or marking.
This investigation also covers steel propane cylinders that
meet, are produced to meet, or are certified as meeting, other U.S.
or Canadian government, international, or industry standards
(including, for example, American Society of Mechanical Engineers
(ASME), or American National Standard Institute (ANSI)), if they
also meet, are produced to meet, or are certified as meeting USDOT
Specification 4B, 4BA, or 4BW, or Transport Canada Specification
4BM, 4BAM, or 4BWM, or a United Nations pressure receptacle standard
ISO 4706.
Subject merchandise also includes steel propane cylinders that
have been further processed in a third country, including but not
limited to, attachment of collars, foot rings, or handles by welding
or brazing, heat treatment, painting, testing, certification, or any
other processing that would not otherwise remove the merchandise
from the scope of the investigation if performed in the country of
manufacture of the in-scope steel propane cylinders.
Specifically excluded are seamless steel propane cylinders and
propane cylinders made from stainless steel (i.e., steel containing
at least 10.5 percent chromium by weight and less than 1.2 percent
carbon by weight), aluminum, or composite fiber material. Composite
fiber material is material consisting of the mechanical combination
of two components: Fiber (typically glass, carbon, or aramid
(synthetic polymer)) and a matrix material (typically polymer resin,
ceramic, or metallic).
The merchandise subject to this investigation is properly
classified under statistical reporting numbers 7311.00.0060 and
7311.00.0090 of the Harmonized Tariff Schedule of the United States
(HTSUS). Although the HTSUS statistical reporting numbers are
provided for convenience and customs purposes, the written
description of the merchandise is dispositive.
Appendix II
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Postponement of Final Determination and Extension of Provisional
Measures
V. Scope Comments
VI. Discussion of the Methodology
A. Determination of the Comparison Method
B. Results of the Differential Pricing Analysis
VII. Date of Sale
VIII. Product Comparisons
IX. Export Price
X. Normal Value
A. Comparison Market Viability
B. Level of Trade
C. Cost of Production (COP) Analysis
1. Calculation of COP
2. Test of Comparison Market Sales Prices
3. Results of the COP Test
D. Calculation of NV Based on Comparison Market Prices
XI. Currency Conversion
XII. Verification
XIII. Recommendation
[FR Doc. 2018-28066 Filed 12-26-18; 8:45 am]
BILLING CODE 3510-DS-P