Circular Welded Carbon Steel Pipes and Tubes From Thailand: Notice of Court Decision Not in Harmony With the Final Results of Antidumping Administrative Review; Notice of Amended Final Results of Antidumping Administrative Review; 2017-2018, 56404-56405 [2022-19858]
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56404
Federal Register / Vol. 87, No. 177 / Wednesday, September 14, 2022 / Notices
United States, 538 F. Supp. 3d 1354
(CIT 2021) (Saha Thai II), sustaining the
U.S. Department of Commerce’s
(Commerce) final results of
redetermination pertaining to the
administrative review of the
antidumping duty order on circular
welded carbon steel pipes and tubes
(pipes and tubes) from Thailand
covering the period of review (POR)
March 1, 2017, through February 28,
2018. Commerce is notifying the public
that the CIT’s final judgment is not in
harmony with Commerce’s final results
of the administrative review, and that
Commerce is amending the final results
of review with respect to the weightedaverage dumping margin assigned to
Saha Thai Steel Pipe (Public) Company,
Ltd. (Saha Thai).
DATES: Applicable September 27, 2021.
FOR FURTHER INFORMATION CONTACT:
Charles DeFilippo, 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) 482–3797.
SUPPLEMENTARY INFORMATION:
their responsibility concerning the
return, destruction, or conversion to
judicial protective order of proprietary
information disclosed under APO in
accordance with 19 CFR 351.305(a)(3).
Failure to comply is a violation of the
APO which may be subject to sanctions.
Notification to Interested Parties
This five-year sunset review and this
notice are in accordance with section
751I and (d)(2) of the Act and published
pursuant to section 777(i)(1) of the Act
and 19 CFR 351.218(f)(4).
Dated: September 8, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2022–19857 Filed 9–13–22; 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
the Final Results of Antidumping
Administrative Review; Notice of
Amended Final Results of
Antidumping Administrative Review;
2017–2018
Background
On November 20, 2019, Commerce
published its Final Results in the 2017–
2018 antidumping duty administrative
review of pipes and tubes from
Thailand.1 In the Final Results,
Commerce determined that a particular
market situation (PMS) existed in the
Thai pipes and tubes market related to
purchases of hot-rolled coil during the
POR.2
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On September 17, 2021, the
U.S. Court of International Trade (CIT)
issued its final judgment in Saha Thai
Steel Pipe Public Company Ltd. v.
AGENCY:
Timken Notice
In its decision in Timken,6 as clarified
by Diamond Sawblades,7 the U.S. 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
September 17, 2021, judgment
constitutes a final decision of the CIT
that is not in harmony with Commerce’s
Final Results. Thus, this notice is
published in fulfillment of the
publication requirements of Timken.
Amended Final Results
Because there is now a final court
judgment, Commerce is amending its
Final Results with respect to Saha Thai.
The revised dumping margins are as
follows:
Exporter/producer
Final results of
review:
weightedaverage
dumping
margin
(percent)
Final results of
redetermination: weightedaverage
dumping
margin
(percent)
Saha Thai Steel Pipe (Public) Company, Ltd .........................................................................................................
5.15
0.00
Cash Deposit Requirements
Because Saha Thai has a superseding
cash deposit rate, i.e., there have been
final results published in a subsequent
administrative review, we will not issue
khammond on DSKJM1Z7X2PROD with NOTICES
Mandatory respondent Saha Thai
challenged Commerce’s Final Results
before the CIT. On October 19, 2020, the
CIT remanded the Final Results and
ordered Commerce to remove its costbased PMS adjustment and recalculate
Saha Thai’s weighted-average dumping
margin without a PMS adjustment.3
In the Final Redetermination, issued
in March 2021, Commerce, under
respectful protest, recalculated Saha
Thai’s weighted-average dumping
margin without making a cost-based
PMS adjustment.4 The CIT held that
Commerce’s Final Redetermination was
consistent with the CIT’s order in Saha
Thai II.5
1 See Circular Welded Carbon Steel Pipes and
Tubes from Thailand: Final Results of Antidumping
Duty Administrative Review and Final
Determination of No Shipments; 2017- 2018, 84 FR
64041 (November 20, 2019) (Final Results), and
accompanying Issues and Decision Memorandum.
2 Id.; see also Circular Welded Carbon Steel Pipes
and Tubes from Thailand: Preliminary Results of
Antidumping Duty Administrative Review and
VerDate Sep<11>2014
18:31 Sep 13, 2022
Jkt 256001
revised cash deposit instructions to U.S.
Customs and Border Protection (CBP).
These amended final results of review
will not affect the current cash deposit
rate.
Liquidation of Suspended Entries
Preliminary Determination of No Shipments; 2017–
2018, 84 FR 22450 (May 17, 2019), and
accompanying Preliminary Decision Memorandum,
at 6–7.
3 See Saha Thai Steel Pipe Pub. Co. Ltd. v. United
States, 476 F. Supp. 3d 1378, 1386 (CIT 2020) (Saha
Thai I).
4 See Final Results of Redetermination Pursuant
to Court Remand, Saha Thai Steel Pipe Pub. Co.,
Ltd., et al. v. United States, Court No. 19–00208,
Slip Op. 20–148, dated March 14, 2021 (Final
Redetermination).
5 See Saha Thai II.
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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Frm 00009
Fmt 4703
Sfmt 4703
Commerce intends to instruct CBP to
assess antidumping duties on
unliquidated entries of subject
merchandise, where appropriate,
E:\FR\FM\14SEN1.SGM
14SEN1
Federal Register / Vol. 87, No. 177 / Wednesday, September 14, 2022 / Notices
pursuant to the final and conclusive
court decision and in accordance with
19 CFR 351.212(b). The time for appeals
has expired. Because Saha Thai’s
weighted-average dumping margin is
zero or de minimis within the meaning
of 19 CFR 351.106(c)(1), we intend to
instruct CBP to liquidate the appropriate
entries without regard to antidumping
duties.8
Commerce’s ‘‘reseller policy’’ will
apply to entries of subject merchandise
during the POR produced by Saha Thai
for which Saha Thai did not know that
the merchandise they sold to the
intermediary (e.g., a reseller, trading
company, or exporter) was destined for
the United States. In such instances, we
will instruct CBP to liquidate
unreviewed entries at the all-others rate
if there is no rate for the intermediate
company(ies) involved in the
transaction.9
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 8, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XC369]
Mid-Atlantic Fishery Management
Council (MAFMC); Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; public meeting.
AGENCY:
The Mid-Atlantic Fishery
Management Council’s Tilefish
Advisory Panel and Communication
and Outreach Advisory Panel will meet
jointly to discuss future outreach efforts
to improve awareness of, and
compliance with, private recreational
tilefish permitting and reporting
requirements.
khammond on DSKJM1Z7X2PROD with NOTICES
SUMMARY:
The meeting will be held on
Wednesday, September 28, 2022, from
10 a.m. to 12 p.m. EDT. For agenda
DATES:
19 CFR 351.106(c)(2).
a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
9 For
VerDate Sep<11>2014
18:31 Sep 13, 2022
Jkt 256001
The meeting will be held
via webinar. Webinar connection,
agenda items, and any additional
information will be available at
www.mafmc.org/council-events.
Council address: Mid-Atlantic Fishery
Management Council, 800 N State
Street, Suite 201, Dover, DE 19901;
telephone: (302) 674–2331 or on their
website at www.mafmc.org.
FOR FURTHER INFORMATION CONTACT:
Christopher M. Moore, Ph.D., Executive
Director, Mid-Atlantic Fishery
Management Council, telephone: (302)
526–5255.
SUPPLEMENTARY INFORMATION: The
purpose of the meeting is to solicit input
from the Tilefish and the
Communication and Outreach Advisory
Panels on ways to improve angler
awareness of, and compliance with,
tilefish permitting and reporting
requirements. Advisory Panel input on
both methods of communicating with
the target audience as well as the
content and clarity of communication is
requested and will be considered by the
Mid-Atlantic Fishery Management
Council at the October meeting.
ADDRESSES:
Special Accommodations
The meeting is physically accessible
to people with disabilities. Requests for
sign language interpretation or other
auxiliary aids should be directed to
Shelley Spedden at the Council Office,
(302) 526–5251, at least 5 days prior to
the meeting date.
Authority: 16 U.S.C. 1801 et seq.
[FR Doc. 2022–19858 Filed 9–13–22; 8:45 am]
8 See
details, see SUPPLEMENTARY
INFORMATION.
Dated: September 9, 2022.
Rey Israel Marquez,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2022–19846 Filed 9–13–22; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XC361]
South Atlantic Fishery Management
Council; Public Meetings
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of public meetings.
AGENCY:
The South Atlantic Fishery
Management Council (Council) will
hold a meeting of the Outreach and
Communications Advisory Panel (AP)
SUMMARY:
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
56405
October 4–5, 2022, and a meeting of the
Mackerel Cobia Advisory Panel October
5–6, 2022. The meetings will be held in
Charleston, SC.
DATES: The Outreach and
Communications AP meeting will be
held October 4, 2022, from 1:30 p.m.
until 5 p.m. and October 5, 2022, from
9 a.m. until 12 p.m. The Mackerel Cobia
AP meeting will be held from 1:30 p.m.
until 5 p.m. on October 5, 2022, and
from 9 a.m. until 5 p.m. on October 6,
2022.
ADDRESSES:
Meeting address: The meetings will be
held at the Town and Country Inn, 2008
Savannah Highway, Charleston, SC
29407; phone: (843) 766–9444.
Council address: South Atlantic
Fishery Management Council, 4055
Faber Place Drive, Suite 201, N
Charleston, SC 29405.
The meetings are open to the public
and will also be available via webinar.
Registration is required. Webinar
registration, an online public comment
form, and briefing book materials will
be available two weeks prior to the
meeting at: https://safmc.net/safmcmeetings/current-advisory-panelmeetings/.
FOR FURTHER INFORMATION CONTACT: Kim
Iverson, Public Information Officer,
SAFMC; phone: (843) 571–4366 or toll
free: (866) SAFMC–10; fax: (843) 769–
4520; email: kim.iverson@safmc.net.
SUPPLEMENTARY INFORMATION:
Outreach and Communications AP
Agenda items for the Outreach and
Communications AP meeting include:
an overview of the Council’s new
website and analytics, presentations on
Best Fishing Practices outreach and
communication efforts, an update on the
Council’s Citizen Science Program and
projects, and discussion of outreach and
communication tools and strategies. The
AP will address other business as
needed and provide recommendations
for Council consideration.
Mackerel Cobia AP
Agenda items for the Mackerel Cobia
AP meeting include: an update on
amendments recently submitted to
NOAA Fisheries, presentation and
discussion of Southeast Data,
Assessment, and Review (SEDAR) 78:
Atlantic Spanish Mackerel stock
assessment, review of the Coastal
Migratory Pelagics (CMP) Fishery
Management Plan’s goals and objectives
and CMP Amendment 33 (Gulf king
mackerel), discussion of the commercial
electronic logbook, presentation and
discussion of the Hudson Canyon
National Marine Sanctuary proposal,
E:\FR\FM\14SEN1.SGM
14SEN1
]]>Agencies
[Federal Register Volume 87, Number 177 (Wednesday, September 14, 2022)]
[Notices]
[Pages 56404-56405]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-19858]
-----------------------------------------------------------------------
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 the Final Results of
Antidumping Administrative Review; Notice of Amended Final Results of
Antidumping Administrative Review; 2017-2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On September 17, 2021, the U.S. Court of International Trade
(CIT) issued its final judgment in Saha Thai Steel Pipe Public Company
Ltd. v. United States, 538 F. Supp. 3d 1354 (CIT 2021) (Saha Thai II),
sustaining the U.S. Department of Commerce's (Commerce) final results
of redetermination pertaining to the administrative review of the
antidumping duty order on circular welded carbon steel pipes and tubes
(pipes and tubes) from Thailand covering the period of review (POR)
March 1, 2017, through February 28, 2018. Commerce is notifying the
public that the CIT's final judgment is not in harmony with Commerce's
final results of the administrative review, and that Commerce is
amending the final results of review with respect to the weighted-
average dumping margin assigned to Saha Thai Steel Pipe (Public)
Company, Ltd. (Saha Thai).
DATES: Applicable September 27, 2021.
FOR FURTHER INFORMATION CONTACT: Charles DeFilippo, 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) 482-3797.
SUPPLEMENTARY INFORMATION:
Background
On November 20, 2019, Commerce published its Final Results in the
2017-2018 antidumping duty administrative review of pipes and tubes
from Thailand.\1\ In the Final Results, Commerce determined that a
particular market situation (PMS) existed in the Thai pipes and tubes
market related to purchases of hot-rolled coil during the POR.\2\
---------------------------------------------------------------------------
\1\ See Circular Welded Carbon Steel Pipes and Tubes from
Thailand: Final Results of Antidumping Duty Administrative Review
and Final Determination of No Shipments; 2017- 2018, 84 FR 64041
(November 20, 2019) (Final Results), and accompanying Issues and
Decision Memorandum.
\2\ Id.; see also Circular Welded Carbon Steel Pipes and Tubes
from Thailand: Preliminary Results of Antidumping Duty
Administrative Review and Preliminary Determination of No Shipments;
2017-2018, 84 FR 22450 (May 17, 2019), and accompanying Preliminary
Decision Memorandum, at 6-7.
---------------------------------------------------------------------------
Mandatory respondent Saha Thai challenged Commerce's Final Results
before the CIT. On October 19, 2020, the CIT remanded the Final Results
and ordered Commerce to remove its cost-based PMS adjustment and
recalculate Saha Thai's weighted-average dumping margin without a PMS
adjustment.\3\
---------------------------------------------------------------------------
\3\ See Saha Thai Steel Pipe Pub. Co. Ltd. v. United States, 476
F. Supp. 3d 1378, 1386 (CIT 2020) (Saha Thai I).
---------------------------------------------------------------------------
In the Final Redetermination, issued in March 2021, Commerce, under
respectful protest, recalculated Saha Thai's weighted-average dumping
margin without making a cost-based PMS adjustment.\4\ The CIT held that
Commerce's Final Redetermination was consistent with the CIT's order in
Saha Thai II.\5\
---------------------------------------------------------------------------
\4\ See Final Results of Redetermination Pursuant to Court
Remand, Saha Thai Steel Pipe Pub. Co., Ltd., et al. v. United
States, Court No. 19-00208, Slip Op. 20-148, dated March 14, 2021
(Final Redetermination).
\5\ See Saha Thai II.
---------------------------------------------------------------------------
Timken Notice
In its decision in Timken,\6\ as clarified by Diamond Sawblades,\7\
the U.S. 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 September
17, 2021, judgment constitutes a final decision of the CIT that is not
in harmony with Commerce's Final Results. 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 Results
Because there is now a final court judgment, Commerce is amending
its Final Results with respect to Saha Thai. The revised dumping
margins are as follows:
------------------------------------------------------------------------
Final results
of review: Final results of
weighted- redetermination:
Exporter/producer average dumping weighted-average
margin dumping margin
(percent) (percent)
------------------------------------------------------------------------
Saha Thai Steel Pipe (Public) 5.15 0.00
Company, Ltd........................
------------------------------------------------------------------------
Cash Deposit Requirements
Because Saha Thai has a superseding cash deposit rate, i.e., there
have been final results published in a subsequent administrative
review, we will not issue revised cash deposit instructions to U.S.
Customs and Border Protection (CBP). These amended final results of
review will not affect the current cash deposit rate.
Liquidation of Suspended Entries
Commerce intends to instruct CBP to assess antidumping duties on
unliquidated entries of subject merchandise, where appropriate,
[[Page 56405]]
pursuant to the final and conclusive court decision and in accordance
with 19 CFR 351.212(b). The time for appeals has expired. Because Saha
Thai's weighted-average dumping margin is zero or de minimis within the
meaning of 19 CFR 351.106(c)(1), we intend to instruct CBP to liquidate
the appropriate entries without regard to antidumping duties.\8\
---------------------------------------------------------------------------
\8\ See 19 CFR 351.106(c)(2).
---------------------------------------------------------------------------
Commerce's ``reseller policy'' will apply to entries of subject
merchandise during the POR produced by Saha Thai for which Saha Thai
did not know that the merchandise they sold to the intermediary (e.g.,
a reseller, trading company, or exporter) was destined for the United
States. In such instances, we will instruct CBP to liquidate unreviewed
entries at the all-others rate if there is no rate for the intermediate
company(ies) involved in the transaction.\9\
---------------------------------------------------------------------------
\9\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------
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 8, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2022-19858 Filed 9-13-22; 8:45 am]
BILLING CODE 3510-DS-P
