Circular Welded Carbon Steel Pipes and Tubes From Thailand: Notice of Court Decision Not in Harmony With Final Scope Ruling and Notice of Amended Final Scope Ruling Pursuant to Court Decision, 54977-54978 [2022-19383]
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Federal Register / Vol. 87, No. 173 / Thursday, September 8, 2022 / Notices
of the Act: (1) for subject merchandise
exported by the companies listed above
that have separate rates, the cash
deposit rate will be the rate established
in these final results of review for each
exporter as listed above; (2) for
previously investigated or reviewed
Chinese and non-Chinese exporters not
listed above that received a separate rate
in a prior segment of this proceeding,
the cash deposit rate will continue to be
the existing exporter-specific rate; (3) for
all Chinese exporters of subject
merchandise that have not been found
to be entitled to a separate rate, the cash
deposit rate will be that for the Chinawide entity; and (4) for all non-Chinese
exporters of subject merchandise which
have not received their own rate, the
cash deposit rate will be the rate
applicable to the Chinese exporter that
supplied that non-Chinese exporter.
These deposit requirements, when
imposed, shall remain in effect until
further notice.
Reimbursement of Duties
This notice also serves as the final
reminder to importers of their
responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during the POR.
Failure to comply with this requirement
could result in Commerce’s
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of double
antidumping duties.
khammond on DSKJM1Z7X2PROD with NOTICES
Notification to Importers
This notice serves as a final reminder
to importers of their responsibility
under 19 CFR 351.402(f)(2) to file a
certificate regarding the reimbursement
of antidumping duties prior to
liquidation of the relevant entries
during this POR. Failure to comply with
this requirement could result in
Commerce’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
Administrative Protective Order
This notice also serves as a reminder
to parties subject to an administrative
protective order (APO) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305, which continues
to govern business proprietary
information in this segment of the
proceeding. Timely written notification
of the return or destruction of APO
materials, or conversion to judicial
protective order, is hereby requested.
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18:19 Sep 07, 2022
Jkt 256001
Failure to comply with the regulations
and terms of an APO is a violation
which is subject to sanction.
Notification to Interested Parties
These final results of review are
issued and published in accordance
with sections 751(a) and 777(i)(1) of the
Act, and 19 CFR 351.221(b)(5).
Dated: August 31, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix—List of Topics Discussed in
the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes to the Preliminary Results
V. Discussion of the Issues
Comment 1–A: Selection of Surrogate
Country
Comment 1–B: Selection of Surrogate
Financial Statement
Comment 2: Application of Partial Adverse
Facts Available (AFA)
Comment 3: Partial AFA Methodology
Comment 4: Double Remedies Adjustment
Comment 5: Selection of Surrogate Values
(SV) for Recycled Aluminum and
Aluminum Scrap
Comment 6: Selection of Surrogate
Distance of North American Inland Train
Freight
Comment 7: Selection of SV for Ocean
Freight
Comment 8: Unit Conversion in the
Calculation of the SV for North
American Inland Train Freight
Comment 9: Valuation of Domestic Inland
Freight for Factors of Production (FOP)
VI. Recommendation
[FR Doc. 2022–19342 Filed 9–7–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–549–502]
Circular Welded Carbon Steel Pipes
and Tubes From Thailand: Notice of
Court Decision Not in Harmony With
Final Scope Ruling and Notice of
Amended Final Scope Ruling Pursuant
to Court Decision
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On August 25, 2022, the U.S.
Court of International Trade (CIT)
issued its final judgment in Saha Steel
Pipe Public Company, Ltd v. United
States, Court No. 20–00133, Slip Op.
22–99 (Saha Steel), sustaining the
Department of Commerce (Commerce)’s
final results of redetermination
pertaining to the scope ruling for the
AGENCY:
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54977
antidumping duty (AD) order on
circular welded carbon steel pipes and
tubes (CWP) from Thailand. In the
redetermination, Commerce found that
dual-stenciled standard pipe and line
pipe are outside the scope of the order,
pursuant to the CIT’s remand order in
Saha Thai Steel Pipe Public Company
Ltd v. United States, 547 F. Supp. 3d
1278 (CIT Oct. 6, 2021) (Remand Order).
Commerce is notifying the public that
the CIT’s final judgment is not in
harmony with Commerce’s final scope
ruling, and that Commerce is amending
the scope ruling to find that dualstenciled standard pipe and line pipe
are outside the scope of the order.
DATES: Applicable September 4, 2022.
FOR FURTHER INFORMATION CONTACT: Leo
Ayala, AD/CVD Operations, Office VII,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–3945.
SUPPLEMENTARY INFORMATION:
Background
On June 30, 2020, in its Final Scope
Ruling, Commerce found that dualstenciled standard pipe and line pipe,
products which are stenciled as meeting
industry standards for both standard
pipe and line pipe, are within the scope
of the AD order on CWP from
Thailand.1 Commerce also found that
line pipe, which is not dual-stenciled as
standard pipe and line pipe, is not
within the scope of the Order.2
Saha Thai Steel Pipe Public Company
Ltd. appealed Commerce’s Final Scope
Ruling with respect to its determination
on dual-stenciled standard pipe and line
pipe. On October 6, 2021, the CIT
remanded the Final Scope Ruling to
Commerce to conduct an analysis that
reconsidered the sources listed in 19
CFR 351.225(k)(1) to determine whether
dual-stenciled pipe, which is certified
for use in standard pipe or line pipe
applications, falls within the scope of
the Order.3 In accordance with the CIT’s
analysis and conclusions, Commerce
issued its final results of
redetermination, submitted to the CIT
on April 22, 2022, in which Commerce,
under protest, concluded that dualstenciled standard pipe and line pipe
1 See Memorandum, ‘‘Antidumping Duty Order
on Circular Welded Carbon Steel Pipes and Tubes
from Thailand: Final Scope Ruling on Line Pipe
and Dual-Stenciled Standard and Line Pipe,’’ dated
June 30, 2020 (Final Scope Ruling). See also
Antidumping Duty Order; Circular Welded Carbon
Steel Pipes and Tubes from Thailand, 51 FR 8341
(March 11, 1986) (Order).
2 See Final Scope Ruling.
3 See Remand Order.
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54978
Federal Register / Vol. 87, No. 173 / Thursday, September 8, 2022 / Notices
are outside the scope of the Order.4 The
CIT subsequently sustained Commerce’s
Amended Final Redetermination.5
Timken Notice
In its decision in Timken,6 as clarified
by Diamond Sawblades,7 the Court of
Appeals for the Federal Circuit held
that, pursuant to sections 516A(c) and
(e) of the Tariff Act of 1930, as amended
(the Act), Commerce must publish a
notice of court decision that is not ‘‘in
harmony’’ with a Commerce
determination, and must suspend
liquidation of entries pending a
‘‘conclusive’’ court decision. The CIT’s
August 25, 2022, judgment constitutes a
final decision of the CIT that is not in
harmony with Commerce’s Final Scope
Ruling. Thus, this notice is published in
fulfillment of the publication
requirements of Timken.
Amended Final Scope Ruling
In accordance with the CIT’s August
25, 2022, final judgment, Commerce is
amending its Final Scope Ruling and
determines that the scope of the Order
does not cover dual-stenciled standard
pine and line pipe addressed in the
Final Scope Ruling.
Liquidation of Suspended Entries
khammond on DSKJM1Z7X2PROD with NOTICES
Commerce will instruct U.S. Customs
and Border Protection (CBP) that,
pending any appeals, the cash deposit
rate will be zero percent for entries of
dual-stenciled standard pipe and line
pipe produced in Thailand. In the event
that the CIT’s final judgment is not
appealed or is upheld on appeal,
Commerce will instruct CBP to lift
suspension of liquidation of such
entries, and to liquidate entries of dualstenciled standard pipe and line pipe
produced in Thailand without regard to
antidumping duties.
4 See ‘‘Saha Thai Steel Pipe Public Company,
Ltd., v. United States, Court No. 1:20–cv–133, Slip
Op. 21–135 (CIT October 6, 2021)—Amended Final
Results of Redetermination Pursuant to Court
Remand’’ dated April 22, 2022. (Amended Final
Redetermination). Commerce previously submitted
a final results of redetermination on January 4,
2022. See Saha Thai Steel Pipe Public Company,
Ltd., v. United States, Court No. 1:20–cv–133, Slip
Op. 21–135 (CIT October 6, 2021)—Final Results of
Redetermination Pursuant to Court Remand,’’ ECF
No. 58. However, on a motion by the government,
the Court granted Commerce leave to amend the
final results of redetermination by removing
extraneous legal arguments, and to submit an
amended final results of redetermination. See
Amended Final Redetermination.
5 See Saha Steel.
6 See Timken Co. v. United States, 893 F.2d 337
(Fed. Cir. 1990) (Timken).
7 See Diamond Sawblades Manufacturers
Coalition v. United States, 626 F.3d 1374 (Fed. Cir.
2010) (Diamond Sawblades).
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18:19 Sep 07, 2022
Jkt 256001
Notification to Interested Parties
This notice is issued and published in
accordance with sections 516A(c) and
(e), and 777(i)(1) of the Act.
Dated: September 1, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2022–19383 Filed 9–7–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Institute of Standards and
Technology
Visiting Committee on Advanced
Technology
National Institute of Standards
and Technology, Department of
Commerce.
ACTION: Notice of Open Meeting.
AGENCY:
National Institute of
Standards and Technology (NIST)’s
Visiting Committee on Advanced
Technology (VCAT or Committee) will
meet virtually on Tuesday, October 25,
2022, from 10 a.m. to 5:30 p.m. Eastern
Time.
DATES: The VCAT will meet on
Tuesday, October 25, 2022, from 10 a.m.
to 5:30 p.m. Eastern Time.
ADDRESSES: The meeting will be a
virtual meeting via webinar. Please note
admittance instructions under the
SUPPLEMENTARY INFORMATION section of
this notice.
FOR FURTHER INFORMATION CONTACT:
Stephanie Shaw, VCAT, NIST, 100
Bureau Drive, Mail Stop 1060,
Gaithersburg, Maryland 20899–1060,
telephone number 240–446–6000. Ms.
Shaw’s email address is
stephanie.shaw@nist.gov.
SUPPLEMENTARY INFORMATION: Pursuant
to the Federal Advisory Committee Act,
as amended, 5 U.S.C. App., notice is
hereby given that the VCAT will meet
virtually on Tuesday, October 25, 2022,
from 10 a.m. to 5:30 p.m. Eastern Time.
The meeting will be open to the public.
The VCAT is composed of not fewer
than 9 members appointed by the NIST
Director, eminent in such fields as
business, research, new product
development, engineering, labor,
education, management consulting,
environment, and international
relations. The primary purpose of this
meeting is for the VCAT to review and
make recommendations regarding
general policy for NIST, its organization,
its budget, and its programs within the
SUMMARY:
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framework of applicable national
policies as set forth by the President and
the Congress. The agenda will include
an update on major programs at NIST.
It will also include updates and
discussions on strategic issues facing
the agency, an update on
implementation of the CHIPS Act, and
other topics. The Committee will
present its initial observations and
findings of the three subcommittees
recently established on visibility
improvement, workforce development,
and alignment of manufacturing efforts.
The agenda may change to
accommodate Committee business. The
final agenda will be posted on the NIST
website at https://www.nist.gov/
director/vcat/agenda.cfm.
Individuals and representatives of
organizations who would like to offer
comments and suggestions related to the
Committee’s business are invited to
request a place on the agenda by 5 p.m.
Eastern Time, Tuesday, October 18,
2022 by contacting Stephanie Shaw at
stephanie.shaw@nist.gov.
Approximately one-half hour will be
reserved for public comments and
speaking times will be assigned on a
first-come, first-serve basis. The amount
of time per speaker will be determined
by the number of requests received, but
is likely to be about 3 minutes each. The
exact time for public comments will be
included in the final agenda that will be
posted on the NIST website at https://
www.nist.gov/director/vcat/agenda.cfm.
Questions from the public will not be
considered during this period. Speakers
who wish to expand upon their oral
statements, those who had wished to
speak but could not be accommodated
on the agenda, and those who were
unable to attend via webinar are invited
to submit written statements to
Stephanie Shaw at stephanie.shaw@
nist.gov.
All participants will be attending via
webinar and must contact Ms. Shaw at
stephanie.shaw@nist.gov by 5 p.m.
Eastern Time, Tuesday, October 18,
2022 for detailed instructions on how to
join the webinar.
Authority: 15 U.S.C. 278, as amended,
and the Federal Advisory Committee
Act, as amended, 5 U.S.C. App.
Alicia Chambers,
NIST Executive Secretariat.
[FR Doc. 2022–19357 Filed 9–7–22; 8:45 am]
BILLING CODE 3510–13–P
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[Federal Register Volume 87, Number 173 (Thursday, September 8, 2022)]
[Notices]
[Pages 54977-54978]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-19383]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-549-502]
Circular Welded Carbon Steel Pipes and Tubes From Thailand:
Notice of Court Decision Not in Harmony With Final Scope Ruling and
Notice of Amended Final Scope Ruling Pursuant to Court Decision
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On August 25, 2022, the U.S. Court of International Trade
(CIT) issued its final judgment in Saha Steel Pipe Public Company, Ltd
v. United States, Court No. 20-00133, Slip Op. 22-99 (Saha Steel),
sustaining the Department of Commerce (Commerce)'s final results of
redetermination pertaining to the scope ruling for the antidumping duty
(AD) order on circular welded carbon steel pipes and tubes (CWP) from
Thailand. In the redetermination, Commerce found that dual-stenciled
standard pipe and line pipe are outside the scope of the order,
pursuant to the CIT's remand order in Saha Thai Steel Pipe Public
Company Ltd v. United States, 547 F. Supp. 3d 1278 (CIT Oct. 6, 2021)
(Remand Order). Commerce is notifying the public that the CIT's final
judgment is not in harmony with Commerce's final scope ruling, and that
Commerce is amending the scope ruling to find that dual-stenciled
standard pipe and line pipe are outside the scope of the order.
DATES: Applicable September 4, 2022.
FOR FURTHER INFORMATION CONTACT: Leo Ayala, AD/CVD Operations, Office
VII, Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482-3945.
SUPPLEMENTARY INFORMATION:
Background
On June 30, 2020, in its Final Scope Ruling, Commerce found that
dual-stenciled standard pipe and line pipe, products which are
stenciled as meeting industry standards for both standard pipe and line
pipe, are within the scope of the AD order on CWP from Thailand.\1\
Commerce also found that line pipe, which is not dual-stenciled as
standard pipe and line pipe, is not within the scope of the Order.\2\
---------------------------------------------------------------------------
\1\ See Memorandum, ``Antidumping Duty Order on Circular Welded
Carbon Steel Pipes and Tubes from Thailand: Final Scope Ruling on
Line Pipe and Dual-Stenciled Standard and Line Pipe,'' dated June
30, 2020 (Final Scope Ruling). See also Antidumping Duty Order;
Circular Welded Carbon Steel Pipes and Tubes from Thailand, 51 FR
8341 (March 11, 1986) (Order).
\2\ See Final Scope Ruling.
---------------------------------------------------------------------------
Saha Thai Steel Pipe Public Company Ltd. appealed Commerce's Final
Scope Ruling with respect to its determination on dual-stenciled
standard pipe and line pipe. On October 6, 2021, the CIT remanded the
Final Scope Ruling to Commerce to conduct an analysis that reconsidered
the sources listed in 19 CFR 351.225(k)(1) to determine whether dual-
stenciled pipe, which is certified for use in standard pipe or line
pipe applications, falls within the scope of the Order.\3\ In
accordance with the CIT's analysis and conclusions, Commerce issued its
final results of redetermination, submitted to the CIT on April 22,
2022, in which Commerce, under protest, concluded that dual-stenciled
standard pipe and line pipe
[[Page 54978]]
are outside the scope of the Order.\4\ The CIT subsequently sustained
Commerce's Amended Final Redetermination.\5\
---------------------------------------------------------------------------
\3\ See Remand Order.
\4\ See ``Saha Thai Steel Pipe Public Company, Ltd., v. United
States, Court No. 1:20-cv-133, Slip Op. 21-135 (CIT October 6,
2021)--Amended Final Results of Redetermination Pursuant to Court
Remand'' dated April 22, 2022. (Amended Final Redetermination).
Commerce previously submitted a final results of redetermination on
January 4, 2022. See Saha Thai Steel Pipe Public Company, Ltd., v.
United States, Court No. 1:20-cv-133, Slip Op. 21-135 (CIT October
6, 2021)--Final Results of Redetermination Pursuant to Court
Remand,'' ECF No. 58. However, on a motion by the government, the
Court granted Commerce leave to amend the final results of
redetermination by removing extraneous legal arguments, and to
submit an amended final results of redetermination. See Amended
Final Redetermination.
\5\ See Saha Steel.
---------------------------------------------------------------------------
Timken Notice
In its decision in Timken,\6\ as clarified by Diamond Sawblades,\7\
the Court of Appeals for the Federal Circuit held that, pursuant to
sections 516A(c) and (e) of the Tariff Act of 1930, as amended (the
Act), Commerce must publish a notice of court decision that is not ``in
harmony'' with a Commerce determination, and must suspend liquidation
of entries pending a ``conclusive'' court decision. The CIT's August
25, 2022, judgment constitutes a final decision of the CIT that is not
in harmony with Commerce's Final Scope Ruling. Thus, this notice is
published in fulfillment of the publication requirements of Timken.
---------------------------------------------------------------------------
\6\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir.
1990) (Timken).
\7\ See Diamond Sawblades Manufacturers Coalition v. United
States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
---------------------------------------------------------------------------
Amended Final Scope Ruling
In accordance with the CIT's August 25, 2022, final judgment,
Commerce is amending its Final Scope Ruling and determines that the
scope of the Order does not cover dual-stenciled standard pine and line
pipe addressed in the Final Scope Ruling.
Liquidation of Suspended Entries
Commerce will instruct U.S. Customs and Border Protection (CBP)
that, pending any appeals, the cash deposit rate will be zero percent
for entries of dual-stenciled standard pipe and line pipe produced in
Thailand. In the event that the CIT's final judgment is not appealed or
is upheld on appeal, Commerce will instruct CBP to lift suspension of
liquidation of such entries, and to liquidate entries of dual-stenciled
standard pipe and line pipe produced in Thailand without regard to
antidumping duties.
Notification to Interested Parties
This notice is issued and published in accordance with sections
516A(c) and (e), and 777(i)(1) of the Act.
Dated: September 1, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2022-19383 Filed 9-7-22; 8:45 am]
BILLING CODE 3510-DS-P
