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]

Download as PDF 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. VerDate Sep<11>2014 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: PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 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. E:\FR\FM\08SEN1.SGM 08SEN1 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). VerDate Sep<11>2014 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: PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 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 E:\FR\FM\08SEN1.SGM 08SEN1

Agencies

[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\
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    \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.
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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

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