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]

Download as PDF 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). PO 00000 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