Steel Propane Cylinders From Thailand: Final Determination of Sales at Less Than Fair Value, 29168-29170 [2019-13253]
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29168
Federal Register / Vol. 84, No. 120 / Friday, June 21, 2019 / Notices
liquidation has not become final) for which
these requirements were not met; and
Æ the requirement that the importer post
applicable antidumping duty (AD) cash
deposits (as appropriate) equal to the rates
determined by Commerce;
• I understand that agents of the importer,
such as brokers, are not permitted to make
this certification;
• This certification was completed by the
time of filing the Entry Summary; and
• I am aware that U.S. law (including, but
not limited to, 18 U.S.C. 1001) imposes
criminal sanctions on individuals who
knowingly and willfully make material false
statements to the U.S. government.
Signature llllllllllllllll
NAME OF COMPANY OFFICIAL
lllllllllllllllllllll
TITLE
lllllllllllllllllllll
jspears on DSK30JT082PROD with NOTICES
Appendix IV—Exporter Certification
18:30 Jun 20, 2019
Jkt 247001
[FR Doc. 2019–13252 Filed 6–20–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
I hereby certify that:
• My name is {COMPANY OFFICIAL’S
NAME HERE} and I am an official of {NAME
OF EXPORTING COMPANY};
• I have direct personal knowledge of the
facts regarding the production and
exportation of the carbon steel butt-weld pipe
fittings identified below. ‘‘Direct personal
knowledge’’ refers to facts the certifying party
is expected to have in its own books and
records. For example, an exporter should
have ‘‘direct personal knowledge’’ of the
producer’s identity and location.
• The carbon steel butt-weld pipe fittings
completed in Malaysia do not contain
finished or unfinished butt-weld pipe fittings
manufactured in the People’s Republic of
China;
• I understand that {NAME OF
EXPORTING COMPANY} is required to
maintain a copy of this certification and
sufficient documentation supporting this
certification (i.e., documents maintained in
the normal course of business, or documents
obtained by the certifying party, for example,
mill certificates, productions records,
invoices, etc.) for the later of (1) a period of
five years from the date of entry or (2) a
period of three years after the conclusion of
any litigation in the United States courts
regarding such entries;
• I understand that {NAME OF
EXPORTING COMPANY} must provide this
Exporter Certification to the U.S. importer by
the time of shipment. ;
• I understand that {NAME OF
EXPORTING COMPANY} is required to
provide a copy of this certification and
supporting records, upon request, to U.S.
Customs and Border Protection (CBP) and/or
the Department of Commerce (Commerce);
• I understand that the claims made
herein, and the substantiating
documentation, are subject to verification by
CBP and/or Commerce;
• I understand that failure to maintain the
required certification and/or failure to
substantiate the claims made herein will
result in:
Æ Suspension of all unliquidated entries
(and entries for which liquidation has not
become final) for which these requirements
were not met; and
VerDate Sep<11>2014
Æ the requirement that the importer post
applicable antidumping duty (AD) cash
deposits (as appropriate) equal to the rates as
determined by Commerce;
• This certification was completed at or
prior to the time of shipment; and
• I am aware that U.S. law (including, but
not limited to, 18 U.S.C. 1001) imposes
criminal sanctions on individuals who
knowingly and willfully make material false
statements to the U.S. government.
Signature llllllllllllllll
NAME OF COMPANY OFFICIAL
lllllllllllllllllllll
TITLE
lllllllllllllllllllll
DATE
International Trade Administration
[A–549–839]
Steel Propane Cylinders From
Thailand: Final Determination of Sales
at Less Than Fair Value
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) 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).
AGENCY:
DATES:
Applicable June 21, 2019.
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
On December 27, 2018, Commerce
published the Preliminary
Determination of sales at LTFV of steel
propane cylinders from Thailand.1 On
June 3, 2019, a public hearing was held
at Commerce. A complete summary of
the events that occurred since
Commerce published the Preliminary
Determination, as well as a full
discussion of the issues raised by parties
for this final determination, may be
1 See Steel Propane Cylinders from Thailand:
Preliminary Affirmative Determination of Sales at
Less Than Fair Value and Postponement of Final
Determination, 83 FR 66678 (December 27, 2018)
(Preliminary Determination), and accompanying
Preliminary Decision Memorandum.
PO 00000
Frm 00012
Fmt 4703
Sfmt 4703
found in the Issues and Decision
Memorandum.2
The Issues and Decision
Memorandum is a public document and
is available 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 B–8024 of
Commerce’s main building. In addition,
a complete version of the Issues and
Decision Memorandum can be accessed
at https://enforcement.trade.gov/frn/.
The signed Issues and Decision
Memorandum and electronic version are
identical in content.
Commerce exercised its discretion to
toll all deadlines affected by the partial
federal government closure from
December 22, 2018 through the
resumption of operations on January 29,
2019.3 If the new deadline falls on a
non-business day, in accordance with
Commerce’s practice, the deadline will
become the next business day. The
revised deadline for the final
determination of this investigation is
now June 17, 2019.
Period of Investigation (POI)
The POI is April 1, 2017 through
March 31, 2018.
Scope of the Investigation
The merchandise covered by this
investigation is steel propane cylinders
from Thailand. For a complete
discussion of the scope of this
investigation, see Appendix I of this
notice.
Scope Comments
During the course of this investigation
and the concurrent countervailing duty
(CVD) investigation, Commerce received
scope comments from interested parties.
Certain interested parties commented on
the scope of the investigation as it
appeared in the Preliminary Scope
Decision Memorandum,4 which was
2 See Memorandum, ‘‘Issues and Decision
Memorandum for Final Affirmative Determination
in the Antidumping Duty Investigation of Steel
Propane Cylinders from Thailand,’’ dated
concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
3 See Memorandum to the Record from 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, ‘‘Deadlines Affected by the Partial
Shutdown of the Federal Government,’’ dated
January 28, 2019. All deadlines in this segment of
the proceeding have been extended by 40 days.
4 See Memorandum, ‘‘Steel Propane Cylinders
from the People’s Republic of China (China) and
Thailand: Scope Decision Memorandum for the
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Federal Register / Vol. 84, No. 120 / Friday, June 21, 2019 / Notices
All-Others Rate
Section 735(c)(5)(A) of the Act
provides that the estimated weightedaverage dumping margin for all-other
producers and exporters not
individually investigated shall be equal
to the weighted average of the estimated
weighted-average dumping margins
established for individually investigated
exporters and producers, excluding any
margins that are zero or de minimis or
any margins determined entirely under
section 776 of the Act. SMPC is the only
respondent for which Commerce
calculated an estimated weightedaverage dumping margin that is not
zero, de minimis, or based entirely on
facts otherwise available. Therefore, for
purposes of determining the ‘‘all-others’’
rate, and pursuant to section
735(c)(5)(A) of the Act, we are using the
estimated weighted-average dumping
Trade Commission (ITC) of the final
affirmative determination of sales at
LTFV. Because the final determination
in this proceeding is affirmative, in
Final Determination
accordance with section 735(b)(2) of the
Commerce determines that the
Act, the ITC will make its final
following weighted-average dumping
determination as to whether the
margins exist for the period April 1,
domestic industry in the United States
2017 through March 31, 2018:
is materially injured, or threatened with
material injury, by reason of imports, or
Weighted- sales (or the likelihood of sales) for
average
Exporter/producer
importation of steel propane cylinders
margins
from Thailand no later than 45 days
(percent)
after our final determination. If the ITC
Sahamitr Pressure Container
determines that material injury or threat
Public Company Limited .........
10.77 of material injury does not exist, the
All Others ....................................
10.77 proceeding will be terminated, and all
cash deposits will be refunded. If the
Disclosure
ITC determines that such injury does
exist, Commerce will issue an
We will disclose the calculations
antidumping duty order directing CBP
performed within five days of public
to assess, upon further instruction by
announcement of this notice in
Commerce, antidumping duties on all
accordance with 19 CFR 351.224(b).
imports of the subject merchandise,
Continuation of Suspension of
entered, or withdrawn from warehouse,
Liquidation
for consumption on or after the effective
In accordance with section
date of the suspension of liquidation.
735(c)(1)(B) of the Act, we will instruct
Notification Regarding Administrative
U.S. Customs and Border Protection
Protective Orders
(CBP) to continue the suspension of
This notice serves as the only
liquidation of all appropriate entries of
reminder to parties subject to an
steel propane cylinders from Thailand,
as described in Appendix I of this
administrative protective order (APO) of
notice, which were entered, or
their responsibility concerning the
withdrawn from warehouse, for
disposition of proprietary information
consumption on or after December 27,
disclosed under APO in accordance
2018, the date of publication of the
with 19 CFR 351.305(a)(3). Timely
Preliminary Determination of this
notification of the return or destruction
investigation in the Federal Register.
of APO materials or conversion to
Pursuant to section 735(c)(1)(B)(ii) of
judicial protective order is hereby
the Act and 19 CFR 351.210(d),
requested. Failure to comply with the
Commerce will instruct CBP to require
regulations and the terms of an APO is
a cash deposit for such entries of
a violation subject to sanction.
merchandise equal to the estimated
Notification to Interested Parties
weighted-average dumping margin or
the estimated all-others rate, as follows:
We are issuing and publishing this
(1) The cash deposit rate for the
determination and notice in accordance
respondent listed above will be equal to with sections 735(d) and 777(i) of the
the respondent-specific estimated
Act and 19 CFR 351.210(c).
weighted-average dumping margin
Dated: June 17, 2019.
determined in this final determination;
Jeffrey I. Kessler,
(2) if the exporter is not a respondent
Assistant Secretary for Enforcement and
identified above but the producer is,
Compliance.
then the cash deposit rate will be equal
Appendix I
to the respondent-specific estimated
weighted-average dumping margin
Scope of the Investigation
established for that producer of the
The merchandise covered by this
subject merchandise; and (3) the cash
investigation is steel cylinders for
deposit rate for all other producers and
compressed or liquefied propane or other
exporters will be equal to the all-others
gases (steel propane cylinders) meeting the
requirements of, or produced to meet the
estimated weighted-average dumping
margin. These suspension of liquidation requirements of, U.S. Department of
Transportation (USDOT) Specifications 4B,
instructions will remain in effect until
4BA, or 4BW, or Transport Canada
further notice.
Specification 4BM, 4BAM, or 4BWM, or
Preliminary Antidumping Duty (AD) and
Countervailing Duty (CVD) Determinations,’’ dated
December 18, 2018 (Preliminary Scope Decision
Memorandum).
International Trade Commission
Notification
In accordance with section 735(d) of
the Act, we will notify the International
issued concurrently with the
Preliminary Determination. We did not
receive any scope comments after the
Preliminary Scope Decision
Memorandum; therefore, the
preliminary scope determination
remains unchanged in the final
determination.
Verification
As provided in section 782(i) of the
Tariff Act of 1930, as amended (the Act),
Commerce verified the sales and cost
data reported by Sahamitr Pressure
Container Public Company Limited
(SMPC) for use in our final
determination. We used standard
verification procedures, including an
examination of relevant accounting and
production records, and original source
documents provided by the respondent.
Analysis of Comments Received
All issues raised in the case briefs and
rebuttal briefs submitted by interested
parties in this proceeding are discussed
in the Issues and Decision
Memorandum. A list of the issues raised
by parties and responded to by
Commerce are in the Issues and
Decision Memorandum, attached at
Appendix II.
Changes Since the Preliminary
Determination
Based on our analysis of the
comments received and our findings at
verification, we made certain changes to
the margin calculations for SMPC since
the Preliminary Determination. For a
discussion of these changes, see the
Issues and Decision Memorandum.
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29169
VerDate Sep<11>2014
18:30 Jun 20, 2019
Jkt 247001
margin calculated for SMPC, as
referenced in the ‘‘Final Determination’’
section below.
PO 00000
Frm 00013
Fmt 4703
Sfmt 4703
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
E:\FR\FM\21JNN1.SGM
21JNN1
jspears on DSK30JT082PROD with NOTICES
29170
Federal Register / Vol. 84, No. 120 / Friday, June 21, 2019 / Notices
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.
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.
VerDate Sep<11>2014
18:30 Jun 20, 2019
Jkt 247001
Appendix II
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Changes Since the Preliminary
Determination
V. Discussion of the Issues
Comment 1: Nominal Gas Capacity
(CAPACITY) vs. Sahamitr Pressure
Container Public Company Limited’s
(SMPC’s) Water-Converted Gas Capacity
Comment 2: Zinc Coating as a Separate
Product Characteristic
Comment 3: Tare Weight Basis
Comment 4: Numeric Coding for Product
Characteristics VALVE and VALVETYPE
Comment 5: Identity of Certain U.S.
Customers for Differential Pricing
Analysis
Comment 6: Deletion of a U.S. Sale and All
Sales With a CAPACITY Code of 250
Comment 7: Whether Commerce Should
Apply Adverse Facts Available (AFA) for
SMPC’s Home Market Credit Expenses
Comment 8: Whether SMPC’s Method for
Reporting its Cost Data Warrants
Application of Total AFA
Comment 8(a): Whether SMPC Withheld
Information Regarding the Availability of
a Certain Production Metric Used to
Allocate Conversion Costs and Relied
Instead on Data from 2010
Comment 8(b): Whether SMPC Failed to
Report Control Number (CONNUM)Specific Costs
Comment 9: Whether SMPC’s
Manufacturing Costs are Understated
Comment 10: SMPC’s Scrap Offset
VI. Recommendation
[FR Doc. 2019–13253 Filed 6–20–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–883, A–588–878]
Glycine From India and Japan:
Amended Final Affirmative
Antidumping Duty Determination and
Antidumping Duty Orders
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final
determinations by the Department of
Commerce (Commerce) and the
International Trade Commission (ITC),
Commerce is issuing antidumping duty
orders on glycine from India and Japan.
In addition, Commerce is amending its
final affirmative determination on
glycine from India.
DATES: Applicable June 21, 2019.
FOR FURTHER INFORMATION CONTACT:
Edythe Artman at (202) 482–3931 or
Kent Boydston at (202) 482–5649
AGENCY:
PO 00000
Frm 00014
Fmt 4703
Sfmt 4703
(India), or John McGowan at (202) 482–
3019 (Japan), AD/CVD Operations,
Office VI, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230.
SUPPLEMENTARY INFORMATION:
Background
In accordance with sections 735(d)
and 777(i)(1) of the Tariff Act of 1930,
as amended (the Act), and 19 CFR
351.210(c), Commerce published its
affirmative final determinations in the
less-than-fair-value investigations of
glycine from India and Japan on May 1,
2019.1 On June 14, 2019, the ITC
notified Commerce of its final
affirmative determinations that an
industry in the United States is
materially injured within the meaning
of section 735(b)(1)(A)(i) of the Act, by
reason of the less-than-fair-value
imports of glycine from India and
Japan.2
Scope of the Orders
The merchandise covered by these
orders is glycine from India and Japan.
For a complete description of the scope
of the orders, see the Appendix to this
notice.
Amendment to Final Determination
A ministerial error is defined as an
error in addition, subtraction, or other
arithmetic function, clerical error
resulting from inaccurate copying,
duplication, or the like, and any other
similar type of unintentional error
which the Secretary considers
ministerial.3
Pursuant to sections 735(e) of the Act
and 19 CFR 351.224(e) and (f),
Commerce is amending the India Final
Determination to reflect the correction
of two ministerial errors in the final
estimated weighted-average dumping
margin calculated for Kumar Industries,
India (Kumar). In addition, because
Kumar’s estimated weighted-average
dumping margin is the basis for the
estimated weighted-average dumping
margin determined for all other Indian
producers and exporters of subject
merchandise, we also are revising the
‘‘all-others’’ rate in the India Final
1 See Glycine from India: Final Determination of
Sales at Less Than Fair Value, 84 FR 18487 (May
1, 2019) (India Final Determination); see also
Glycine from Japan: Final Determination of Sales at
Less Than Fair Value, 84 FR 18484 (May 1, 2019).
2 See section 735(d) of the Act (requiring
notification); see also ITC Letter dated June 14, 2019
(ITC Letter).
3 See section 735(e) of the Act and 19 CFR
351.224(f).
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Agencies
[Federal Register Volume 84, Number 120 (Friday, June 21, 2019)]
[Notices]
[Pages 29168-29170]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-13253]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-549-839]
Steel Propane Cylinders From Thailand: Final Determination of
Sales at Less Than Fair Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) 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).
DATES: Applicable June 21, 2019.
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
On December 27, 2018, Commerce published the Preliminary
Determination of sales at LTFV of steel propane cylinders from
Thailand.\1\ On June 3, 2019, a public hearing was held at Commerce. A
complete summary of the events that occurred since Commerce published
the Preliminary Determination, as well as a full discussion of the
issues raised by parties for this final determination, may be found in
the Issues and Decision Memorandum.\2\
---------------------------------------------------------------------------
\1\ See Steel Propane Cylinders from Thailand: Preliminary
Affirmative Determination of Sales at Less Than Fair Value and
Postponement of Final Determination, 83 FR 66678 (December 27, 2018)
(Preliminary Determination), and accompanying Preliminary Decision
Memorandum.
\2\ See Memorandum, ``Issues and Decision Memorandum for Final
Affirmative Determination in the Antidumping Duty Investigation of
Steel Propane Cylinders from Thailand,'' dated concurrently with,
and hereby adopted by, this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------
The Issues and Decision Memorandum is a public document and is
available 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 B-8024 of Commerce's
main building. In addition, a complete version of the Issues and
Decision Memorandum can be accessed at https://enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum and electronic version
are identical in content.
Commerce exercised its discretion to toll all deadlines affected by
the partial federal government closure from December 22, 2018 through
the resumption of operations on January 29, 2019.\3\ If the new
deadline falls on a non-business day, in accordance with Commerce's
practice, the deadline will become the next business day. The revised
deadline for the final determination of this investigation is now June
17, 2019.
---------------------------------------------------------------------------
\3\ See Memorandum to the Record from 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, ``Deadlines
Affected by the Partial Shutdown of the Federal Government,'' dated
January 28, 2019. All deadlines in this segment of the proceeding
have been extended by 40 days.
---------------------------------------------------------------------------
Period of Investigation (POI)
The POI is April 1, 2017 through March 31, 2018.
Scope of the Investigation
The merchandise covered by this investigation is steel propane
cylinders from Thailand. For a complete discussion of the scope of this
investigation, see Appendix I of this notice.
Scope Comments
During the course of this investigation and the concurrent
countervailing duty (CVD) investigation, Commerce received scope
comments from interested parties. Certain interested parties commented
on the scope of the investigation as it appeared in the Preliminary
Scope Decision Memorandum,\4\ which was
[[Page 29169]]
issued concurrently with the Preliminary Determination. We did not
receive any scope comments after the Preliminary Scope Decision
Memorandum; therefore, the preliminary scope determination remains
unchanged in the final determination.
---------------------------------------------------------------------------
\4\ See Memorandum, ``Steel Propane Cylinders from the People's
Republic of China (China) and Thailand: Scope Decision Memorandum
for the Preliminary Antidumping Duty (AD) and Countervailing Duty
(CVD) Determinations,'' dated December 18, 2018 (Preliminary Scope
Decision Memorandum).
---------------------------------------------------------------------------
Verification
As provided in section 782(i) of the Tariff Act of 1930, as amended
(the Act), Commerce verified the sales and cost data reported by
Sahamitr Pressure Container Public Company Limited (SMPC) for use in
our final determination. We used standard verification procedures,
including an examination of relevant accounting and production records,
and original source documents provided by the respondent.
Analysis of Comments Received
All issues raised in the case briefs and rebuttal briefs submitted
by interested parties in this proceeding are discussed in the Issues
and Decision Memorandum. A list of the issues raised by parties and
responded to by Commerce are in the Issues and Decision Memorandum,
attached at Appendix II.
Changes Since the Preliminary Determination
Based on our analysis of the comments received and our findings at
verification, we made certain changes to the margin calculations for
SMPC since the Preliminary Determination. For a discussion of these
changes, see the Issues and Decision Memorandum.
All-Others Rate
Section 735(c)(5)(A) of the Act provides that the estimated
weighted-average dumping margin for all-other producers and exporters
not individually investigated shall be equal to the weighted average of
the estimated weighted-average dumping margins established for
individually investigated exporters and producers, excluding any
margins that are zero or de minimis or any margins determined entirely
under section 776 of the Act. SMPC is the only respondent for which
Commerce calculated an estimated weighted-average dumping margin that
is not zero, de minimis, or based entirely on facts otherwise
available. Therefore, for purposes of determining the ``all-others''
rate, and pursuant to section 735(c)(5)(A) of the Act, we are using the
estimated weighted-average dumping margin calculated for SMPC, as
referenced in the ``Final Determination'' section below.
Final Determination
Commerce determines that the following weighted-average dumping
margins exist for the period April 1, 2017 through March 31, 2018:
------------------------------------------------------------------------
Weighted-
average
Exporter/producer margins
(percent)
------------------------------------------------------------------------
Sahamitr Pressure Container Public Company Limited.......... 10.77
All Others.................................................. 10.77
------------------------------------------------------------------------
Disclosure
We will disclose the calculations performed within five days of
public announcement 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, we will
instruct U.S. Customs and Border Protection (CBP) to continue the
suspension of liquidation of all appropriate entries of steel propane
cylinders from Thailand, as described in Appendix I of this notice,
which were entered, or withdrawn from warehouse, for consumption on or
after December 27, 2018, the date of publication of the Preliminary
Determination of this investigation in the Federal Register.
Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR
351.210(d), Commerce will instruct CBP to require a cash deposit for
such entries of merchandise equal to the estimated weighted-average
dumping margin or the estimated all-others rate, as follows: (1) The
cash deposit rate for the respondent listed above will be equal to the
respondent-specific estimated weighted-average dumping margin
determined in this final 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 respondent-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. These suspension of liquidation instructions will
remain in effect until further notice.
International Trade Commission Notification
In accordance with section 735(d) of the Act, we will notify the
International Trade Commission (ITC) of the 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 (or the
likelihood of sales) for importation of steel propane cylinders 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 cash deposits
will be refunded. If the ITC determines that such injury does exist,
Commerce will issue an antidumping duty order directing CBP to assess,
upon further instruction by Commerce, 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
This notice serves as the only reminder to parties subject to an
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely notification of the
return or destruction of APO materials or conversion to judicial
protective order is hereby requested. Failure to comply with the
regulations and the terms of an APO is a violation subject to sanction.
Notification to Interested Parties
We are issuing and publishing this determination and notice in
accordance with sections 735(d) and 777(i) of the Act and 19 CFR
351.210(c).
Dated: June 17, 2019.
Jeffrey I. Kessler,
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
[[Page 29170]]
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.
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 Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Changes Since the Preliminary Determination
V. Discussion of the Issues
Comment 1: Nominal Gas Capacity (CAPACITY) vs. Sahamitr Pressure
Container Public Company Limited's (SMPC's) Water-Converted Gas
Capacity
Comment 2: Zinc Coating as a Separate Product Characteristic
Comment 3: Tare Weight Basis
Comment 4: Numeric Coding for Product Characteristics VALVE and
VALVETYPE
Comment 5: Identity of Certain U.S. Customers for Differential
Pricing Analysis
Comment 6: Deletion of a U.S. Sale and All Sales With a CAPACITY
Code of 250
Comment 7: Whether Commerce Should Apply Adverse Facts Available
(AFA) for SMPC's Home Market Credit Expenses
Comment 8: Whether SMPC's Method for Reporting its Cost Data
Warrants Application of Total AFA
Comment 8(a): Whether SMPC Withheld Information Regarding the
Availability of a Certain Production Metric Used to Allocate
Conversion Costs and Relied Instead on Data from 2010
Comment 8(b): Whether SMPC Failed to Report Control Number
(CONNUM)-Specific Costs
Comment 9: Whether SMPC's Manufacturing Costs are Understated
Comment 10: SMPC's Scrap Offset
VI. Recommendation
[FR Doc. 2019-13253 Filed 6-20-19; 8:45 am]
BILLING CODE 3510-DS-P