Circular Welded Carbon Steel Pipes and Tubes From Thailand: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2020-2021, 60656-60658 [2022-21772]
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60656
Federal Register / Vol. 87, No. 193 / Thursday, October 6, 2022 / Notices
11. Dongbu Steel Co., Ltd.20
12. KG Dongbu Steel Co., Ltd. (formerly
Dongbu Steel Co., Ltd.)
13. Dong Jin Machinery
14. Dongkuk Industries Co., Ltd.
15. Dongkuk Steel Mill Co., Ltd.
16. Eunsan Shipping and Air Cargo Co., Ltd.
17. Euro Line Global Co., Ltd.
18. Golden State Corp.
19. GS Global Corp.
20. Hanawell Co., Ltd.
21. Hankum Co., Ltd.
22. Hyosung TNC Corp.
23. Hyuk San Profile Co., Ltd.
24. Hyundai Group
25. Iljin NTS Co., Ltd.
26. Iljin Steel Corp.
27. Jeen Pung Industrial Co., Ltd.
28. JT Solution
29. Kolon Global Corporation
30. Nauri Logistics Co., Ltd.
31. Okaya (Korea) Co., Ltd.
32. PL Special Steel Co., Ltd.
33. POSCO C&C Co., Ltd.
34. POSCO Daewoo Corp.
35. POSCO International Corporation.
36. Samsung C&T Corp.
37. Samsung STS Co., Ltd.
38. SeAH Steel Corp.
39. SM Automotive Ltd.
40. SK Networks Co., Ltd.
41. Taihan Electric Wire Co., Ltd.
42. TGS Pipe Co., Ltd.
43. TI Automotive Ltd.
44. Xeno Energy
45. Young Steel Co., Ltd.
[FR Doc. 2022–21803 Filed 10–5–22; 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: Final
Results of Antidumping Duty
Administrative Review and Final
Determination of No Shipments; 2020–
2021
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
the producers or exporters subject to
this review did not make sales of
circular welded carbon steel pipes and
tubes (CWP) from Thailand at less than
normal value during the period of
review (POR) March 1, 2020, through
February 29, 2021. We further
determine that K Line Logistics
lotter on DSK11XQN23PROD with NOTICES1
AGENCY:
selected respondents, because each received a
calculated rate in a prior review (i.e., CRS Third
Admin Review Final Results), Commerce has found
it appropriate to apply that calculated rate to that
to Dongbu Steel Co., Ltd. and Dongbu Incheon Steel
Co., Ltd.
20 See footnote 24.
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17:46 Oct 05, 2022
Jkt 259001
(Thailand) Ltd. (K-Line) had no
shipments during the POR.
DATES: Applicable October 6, 2022.
FOR FURTHER INFORMATION CONTACT:
Michael Romani or Thomas Schauer,
AD/CVD Operations, Office I,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–0198 or
(202) 482–0410, respectively.
SUPPLEMENTARY INFORMATION:
Background
On April 6, 2022, Commerce
published the preliminary results of the
2020–2021 administrative review of the
antidumping duty order on CWP from
Thailand.1 This review covers a sole
mandatory respondent, Saha Thai Steel
Pipe Public Co., Ltd., also known as
Saha Thai Steel Pipe (Public) Co., Ltd.
(Saha Thai), and 28 non-examined
producers or exporters of subject
merchandise. We invited interested
parties to comment on the Preliminary
Results.2 On June 15, 2022, Wheatland
Tube Company (Wheatland), a domestic
interested party,3 Nucor Tubular
Products Inc. (Nucor), a domestic
interested party,4 and Saha Thai 5 timely
submitted case briefs. On June 22, 2022,
Wheatland,6 Nucor,7 and Saha Thai 8
1 See Circular Welded Carbon Steel Pipes and
Tubes from Thailand: Preliminary Results of
Antidumping Duty Administrative Review and
Preliminary Determination of No Shipments; 2020–
2021, 87 FR 19856 (April 6, 2022) (Preliminary
Results), and accompanying Preliminary Decision
Memorandum.
2 See Preliminary Results, 87 FR at 19857.
3 See Wheatland’s Letter, ‘‘Circular Welded Steel
Pipes and Tubes from Thailand: Case Brief,’’ dated
June 15, 2022.
4 See Nucor’s Letter, ‘‘Circular Welded Carbon
Steel Pipes and Tubes from Thailand: Case Brief,’’
dated June 15, 2022. In its case brief, Nucor stated
that it ‘‘concurs with and adopt by reference the
arguments set forth in the case brief submitted by
Wheatland’’ and that it ‘‘does not wish to address
any issues or arguments that are substantively
different from those addressed by Wheatland in its
case brief.’’
5 See Saha Thai’s Letter, ‘‘Saha Thai’s Case Brief;
Circular Welded Carbon Steel Pipe and Tubes from
Thailand: Letter in Lieu of Case Brief (AR 20–21),’’
dated June 15, 2021.
6 See Wheatland’s Letter, ‘‘Circular Welded
Carbon Steel Pipes and Tubes from Thailand: Letter
in Lieu of Rebuttal Brief,’’ dated June 22, 2022.
7 See Nucor’s Letter, ‘‘Circular Welded Carbon
Steel Pipes and Tubes from Thailand: Rebuttal
Brief,’’ dated June 22, 2022.’’ In its rebuttal brief,
Nucor stated that it ‘‘concurs with and adopts by
reference the arguments set forth in the rebuttal
brief submitted by Wheatland’’ and that it ‘‘does not
wish to address any issues or arguments that are
substantively different from those addressed by
Wheatland in its rebuttal brief.’’
8 See Saha Thai’s Letter, ‘‘Saha Thai’s Case Brief;
Circular Welded Carbon Steel Pipe and Tubes from
Thailand: Rebuttal Brief (AR 20–21),’’ dated June
22, 2021.
PO 00000
Frm 00016
Fmt 4703
Sfmt 4703
submitted timely rebuttal briefs.
Commerce conducted this review in
accordance with section 751(a) of the
Tariff Act of 1930, as amended (the Act).
Scope of the Order 9
The products covered by the Order
are CWP. A full description of the scope
of the Order is contained in the Issues
and Decision Memorandum.10
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs submitted by parties in
this administrative review are addressed
in the Issues and Decision
Memorandum and are listed in
Appendix I to this notice. The Issues
and Decision Memorandum is a public
document and is on file 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. In addition, a complete
version of the Issues and Decision
Memorandum can be accessed at
https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Changes Since the Preliminary Results
We made no changes to our
calculations for the final results of
review.
Final Determination of No Shipments
We preliminarily found that K Line
had no shipments of subject
merchandise during the POR.11 No
party commented on the Preliminary
Results regarding the no-shipments
decision with respect to K-Line.
Therefore, for the final results, we
continue to find that K-Line had no
shipments of subject merchandise
during the POR and will issue
appropriate instructions to U.S.
Customs and Border Protection (CBP)
based on the final results.
Rate for Non-Examined Companies
The statute and Commerce’s
regulations do not address the
establishment of a weighted-average
dumping margin to be applied to
companies not selected for individual
examination when Commerce limits its
examination in an administrative review
9 See Antidumping Duty Order; Circular Welded
Carbon Steel Pipes and Tubes from Thailand, 51 FR
8341 (March 11, 1986) (Order).
10 See Memorandum, ‘‘Circular Welded Carbon
Steel Pipes and Tubes from Thailand: Issues and
Decision Memorandum for the Final Results of
Antidumping Duty Administrative Review and
Final Determination of No Shipments; 2020–2021,’’
dated concurrently with, and hereby adopted by,
this notice (Issues and Decision Memorandum).
11 See Preliminary Results, 87 FR at 19856.
E:\FR\FM\06OCN1.SGM
06OCN1
60657
Federal Register / Vol. 87, No. 193 / Thursday, October 6, 2022 / Notices
pursuant to section 777A(c)(2) of the
Act. Generally, Commerce looks to
section 735(c)(5) of the Act, which
provides instructions for calculating the
all-others rate in a less-than-fair-value
investigation, for guidance when
calculating the weighted-average
dumping margin for companies which
were not selected for individual
examination in an administrative
review. Under section 735(c)(5)(A) of
the Act, the all-others rate is normally
an amount equal to the weighted
average of the estimated weighted
average dumping margins established
for exporters and producers
individually investigated, excluding any
zero or de minimis (i.e., less than 0.5
percent) margins, and any margins
determined entirely on the basis of facts
available.
In this review, we have calculated a
weighted-average dumping margin for
the mandatory respondent, Saha Thai,
that is zero percent. Where the rates for
the individually examined companies
are all zero, de minimis, or determined
entirely using facts available, section
735(c)(5)(B) of the Act instructs that
Commerce ‘‘may use any reasonable
method to establish the estimated allothers rate for exporters and producers
not individually investigated, including
averaging the estimated weighted
average dumping margins determined
for the exporters and producers
individually investigated.’’ One such
reasonable method is to weight average
the zero and de minimis rates, and the
rates determined entirely pursuant to
facts available. In fact, the SAA states
that this is the ‘‘expected’’ method in
such circumstances.12 Accordingly, we
determined the weighted-average
dumping margin for the 28 companies
that were not selected for individual
examination based on the weighted
average dumping margin calculated for
Saha Thai, i.e., zero percent, consistent
with section 735(c)(5)(B) of the Act.
This is the only rate determined in this
review for an individually examined
company, and, thus, it is applied to the
28 firms not selected for individual
examination.
Final Results of Administrative Review
Commerce determines that the
following weighted-average dumping
margins exist for the period March 1,
2020, through February 28, 2021:
Producer or exporter
Weighted-average
dumping margin
(percent)
Saha Thai Steel Pipe Public Co., Ltd.; Saha Thai Steel Pipe (Public) Company, Ltd ...............................................................
0.00
REVIEW-SPECIFIC AVERAGE RATE APPLICABLE TO THE FOLLOWING COMPANIES
Producer or exporter
Average
dumping margin
(percent)
Non-Examined Companies 13 ......................................................................................................................................................
0.00
Disclosure
Normally, Commerce discloses to the
parties in a proceeding the calculations
performed in connection with a final
results of review within five days after
public announcement of final results.14
However, because Commerce made no
adjustments to the margin calculation
methodology used in the Preliminary
Results, there are no calculations to
disclose for the final results of review.
lotter on DSK11XQN23PROD with NOTICES1
Assessment Rates
Pursuant to section 751(a)(2)(C) of the
Act and 19 CFR 351.212(b), Commerce
will determine, and CBP shall assess,
antidumping duties on all appropriate
entries of subject merchandise in
accordance with the final results of this
review.
For Saha Thai, the calculated
weighted-average dumping margin in
the final results is zero or de minimis;
accordingly, we will instruct CBP to
liquidate the entries reported in this
review without regard to antidumping
duties. For entries of subject
merchandise during the POR produced
12 See Statement of Administrative Action
Accompanying the Uruguay Round Agreements
Act, H.R. Doc. 103–316, vol. 1 (1994) (SAA) at 873.
VerDate Sep<11>2014
17:46 Oct 05, 2022
Jkt 259001
by Saha Thai for which it did not know
its merchandise was destined for the
United States, we will instruct CBP to
liquidate unreviewed entries at the allothers rate if there is no rate for the
intermediate company(ies) involved in
the transaction.
For the companies identified above
that were not selected for individual
examination, we will instruct CBP to
assess antidumping duties at a rate
equal to the weighted-average dumping
margin for that company established in
the final results of review.
Because we have determined that KLine had no shipments of subject
merchandise in this review, Commerce
will instruct CBP to liquidate any
suspended entries that entered under KLine’s case number (i.e., at K-Line’s cash
deposit rate) at the all-others rate (i.e.,
15.67 percent).
Commerce intends to issue
assessment instructions to CBP no
earlier than 35 days after the date of
publication of the final results of this
review in the Federal Register. If a
timely summons is filed at the U.S.
13 See Appendix II for a full list of these
companies.
PO 00000
Frm 00017
Fmt 4703
Sfmt 4703
Court of International Trade, the
assessment instructions will direct CBP
not to liquidate relevant entries until the
time for parties to file a request for a
statutory injunction has expired (i.e.,
within 90 days of publication).
Cash Deposit Requirements
Upon publication of this notice in the
Federal Register, the following cash
deposit requirements will be effective
for all shipments of CWP entered, or
withdrawn from warehouse, for
consumption on or after the publication
date, as provided by section 751(a)(2)(C)
of the Act: (1) the cash deposit rates for
the companies subject to this review
will be equal to the weighted-average
dumping margin established in the final
results of this review; (2) for
merchandise exported by a company not
covered in this review but covered in a
prior completed segment of the
proceeding, the cash deposit rate will
continue to be the company-specific rate
published in the completed segment for
the most recent period; (3) if the
exporter is not a firm covered in this
14 See
E:\FR\FM\06OCN1.SGM
19 CFR 351.224(b).
06OCN1
60658
Federal Register / Vol. 87, No. 193 / Thursday, October 6, 2022 / Notices
review, a prior review, or the original
investigation but the producer has been
covered in a prior completed segment of
this proceeding, then the cash deposit
rate will be the rate established in the
completed segment for the most recent
period for the producer of the
merchandise; and (4) the cash deposit
rate for all other producers or exporters
will continue to be 15.67 percent, the
all-others rate established in the lessthan-fair-value investigation for this
proceeding.15
These cash deposit requirements,
when imposed, shall remain in effect
until further notice.
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 and/or countervailing
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 the antidumping and/
or countervailing duties occurred and
the subsequent assessment of doubled
antidumping duties.
Notification to Importers
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f) to file a certificate regarding
the reimbursement of antidumping and/
or countervailing 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 and/or
countervailing duties occurred and the
subsequent assessment of double
antidumping duties.
Dated: September 30, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix I—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 Issue
Comment: Adjustment for the Alleged
Particular Market Situation (PMS)
VI. Recommendation
Appendix II—List of Companies Not
Individually Examined
1. Apex International Logistics
2. Aquatec Maxcon Asia
3. Asian Unity Part Co., Ltd.
4. Better Steel Pipe Company Limited.
5. Bis Pipe Fitting Industry Co., Ltd.
6. Blue Pipe Steel Center Co. Ltd.
7. Chuhatsu (Thailand) Co., Ltd.
8. CSE Technologies Co., Ltd.
9. Expeditors International (Bangkok)
10. Expeditors Ltd.
11. FS International (Thailand) Co., Ltd
12. Kerry-Apex (Thailand) Co., Ltd.
13. Oil Steel Tube (Thailand) Co., Ltd.
14. Otto Ender Steel Structure Co., Ltd.
15. Pacific Pipe and Pump
16. Pacific Pipe Public Company Limited
17. Panalpina World Transport Ltd.
18. Polypipe Engineering Co., Ltd.
19. Schlumberger Overseas S.A.
20. Siam Fittings Co., Ltd.
21. Siam Steel Pipe Co., Ltd.
22. Sino Connections Logistics (Thailand)
Co., Ltd.
23. Thai Malleable Iron and Steel
24. Thai Oil Group
25. Thai Oil Pipe Co., Ltd.
26. Thai Premium Pipe Co., Ltd.
27. Vatana Phaisal Engineering Company
28. Visavakit Patana Corp., Ltd.
[FR Doc. 2022–21772 Filed 10–5–22; 8:45 am]
BILLING CODE 3510–DS–P
Administrative Protective Order
lotter on DSK11XQN23PROD with NOTICES1
This notice also serves as a reminder
to parties subject to 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. Timely written
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 terms of an APO is a
violation subject to sanction.
Commerce is issuing and publishing
this notice in accordance with sections
751(a)(1) and 777(i)(1) of the Act, and 19
CFR 351.221(b)(5).
Order, 51 FR at 8341.
VerDate Sep<11>2014
17:46 Oct 05, 2022
Jkt 259001
International Trade Administration
United States Travel and Tourism
Advisory Board: Meeting of the United
States Travel and Tourism Advisory
Board
International Trade
Administration, U.S. Department of
Commerce.
ACTION: Notice of an open meeting.
AGENCY:
The United States Travel and
Tourism Advisory Board (Board or
TTAB) will hold a meeting on
Wednesday, October 26, 2022. The
Board advises the Secretary of
Commerce on matters relating to the
U.S. travel and tourism industry. The
purpose of the meeting is for Board
SUMMARY:
Notification to Interested Parties
15 See
DEPARTMENT OF COMMERCE
PO 00000
Frm 00018
Fmt 4703
Sfmt 4703
members to discuss and highlight
priority issues in travel and tourism.
The final agenda will be posted on the
Department of Commerce website for
the Board at https://www.trade.gov/ttabmeetings at least two days prior to the
meeting.
DATES: Wednesday, October 26, 2022,
11:00 a.m.–12:00 p.m. EDT. The
deadline for members of the public to
register for the meeting or to submit
written comments for dissemination
prior to the meeting is 5:00 p.m. EDT on
Friday, October 21, 2022.
ADDRESSES: The meeting will be held in
person at the MGM National Harbor
resort (101 MGM National Ave, Oxon
Hill, MD 20745) with a virtual option.
The exact location and/or access
information will be provided by email
to registrants. Requests to register
(including to speak or for auxiliary aids)
and any written comments should be
submitted by email to TTAB@trade.gov.
FOR FURTHER INFORMATION CONTACT:
Jennifer Aguinaga, the United States
Travel and Tourism Advisory Board,
National Travel and Tourism Office,
U.S. Department of Commerce;
telephone: (202) 482–0140; email:
TTAB@trade.gov.
SUPPLEMENTARY INFORMATION:
Public Participation: The meeting will
be open to the public and will be
accessible to people with disabilities.
Any member of the public requesting to
join the meeting is asked to register in
advance by the deadline identified
under the DATES caption. Requests for
auxiliary aids must be submitted by the
registration deadline. Last minute
requests will be accepted but may not be
possible to fill. There will be fifteen (15)
minutes allotted for oral comments from
members of the public joining the
meeting. To accommodate as many
speakers as possible, the time for public
comments may be limited to three (3)
minutes per person. Members of the
public wishing to reserve speaking time
during the meeting must submit a
request at the time of registration, as
well as the name and address of the
proposed speaker. If the number of
registrants requesting to make
statements is greater than can be
reasonably accommodated during the
meeting, the International Trade
Administration may conduct a lottery to
determine the speakers. Speakers are
requested to submit a written copy of
their prepared remarks by 5:00 p.m.
EDT on Friday, October 21, 2022, for
inclusion in the meeting records and for
circulation to the members of the Board.
In addition, any member of the public
may submit pertinent written comments
concerning the Board’s affairs at any
E:\FR\FM\06OCN1.SGM
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Agencies
[Federal Register Volume 87, Number 193 (Thursday, October 6, 2022)]
[Notices]
[Pages 60656-60658]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-21772]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-549-502]
Circular Welded Carbon Steel Pipes and Tubes From Thailand: Final
Results of Antidumping Duty Administrative Review and Final
Determination of No Shipments; 2020-2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that the
producers or exporters subject to this review did not make sales of
circular welded carbon steel pipes and tubes (CWP) from Thailand at
less than normal value during the period of review (POR) March 1, 2020,
through February 29, 2021. We further determine that K Line Logistics
(Thailand) Ltd. (K-Line) had no shipments during the POR.
DATES: Applicable October 6, 2022.
FOR FURTHER INFORMATION CONTACT: Michael Romani or Thomas Schauer, AD/
CVD Operations, Office I, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-0198 or (202)
482-0410, respectively.
SUPPLEMENTARY INFORMATION:
Background
On April 6, 2022, Commerce published the preliminary results of the
2020-2021 administrative review of the antidumping duty order on CWP
from Thailand.\1\ This review covers a sole mandatory respondent, Saha
Thai Steel Pipe Public Co., Ltd., also known as Saha Thai Steel Pipe
(Public) Co., Ltd. (Saha Thai), and 28 non-examined producers or
exporters of subject merchandise. We invited interested parties to
comment on the Preliminary Results.\2\ On June 15, 2022, Wheatland Tube
Company (Wheatland), a domestic interested party,\3\ Nucor Tubular
Products Inc. (Nucor), a domestic interested party,\4\ and Saha Thai
\5\ timely submitted case briefs. On June 22, 2022, Wheatland,\6\
Nucor,\7\ and Saha Thai \8\ submitted timely rebuttal briefs. Commerce
conducted this review in accordance with section 751(a) of the Tariff
Act of 1930, as amended (the Act).
---------------------------------------------------------------------------
\1\ See Circular Welded Carbon Steel Pipes and Tubes from
Thailand: Preliminary Results of Antidumping Duty Administrative
Review and Preliminary Determination of No Shipments; 2020-2021, 87
FR 19856 (April 6, 2022) (Preliminary Results), and accompanying
Preliminary Decision Memorandum.
\2\ See Preliminary Results, 87 FR at 19857.
\3\ See Wheatland's Letter, ``Circular Welded Steel Pipes and
Tubes from Thailand: Case Brief,'' dated June 15, 2022.
\4\ See Nucor's Letter, ``Circular Welded Carbon Steel Pipes and
Tubes from Thailand: Case Brief,'' dated June 15, 2022. In its case
brief, Nucor stated that it ``concurs with and adopt by reference
the arguments set forth in the case brief submitted by Wheatland''
and that it ``does not wish to address any issues or arguments that
are substantively different from those addressed by Wheatland in its
case brief.''
\5\ See Saha Thai's Letter, ``Saha Thai's Case Brief; Circular
Welded Carbon Steel Pipe and Tubes from Thailand: Letter in Lieu of
Case Brief (AR 20-21),'' dated June 15, 2021.
\6\ See Wheatland's Letter, ``Circular Welded Carbon Steel Pipes
and Tubes from Thailand: Letter in Lieu of Rebuttal Brief,'' dated
June 22, 2022.
\7\ See Nucor's Letter, ``Circular Welded Carbon Steel Pipes and
Tubes from Thailand: Rebuttal Brief,'' dated June 22, 2022.'' In its
rebuttal brief, Nucor stated that it ``concurs with and adopts by
reference the arguments set forth in the rebuttal brief submitted by
Wheatland'' and that it ``does not wish to address any issues or
arguments that are substantively different from those addressed by
Wheatland in its rebuttal brief.''
\8\ See Saha Thai's Letter, ``Saha Thai's Case Brief; Circular
Welded Carbon Steel Pipe and Tubes from Thailand: Rebuttal Brief (AR
20-21),'' dated June 22, 2021.
---------------------------------------------------------------------------
Scope of the Order 9
---------------------------------------------------------------------------
\9\ See Antidumping Duty Order; Circular Welded Carbon Steel
Pipes and Tubes from Thailand, 51 FR 8341 (March 11, 1986) (Order).
---------------------------------------------------------------------------
The products covered by the Order are CWP. A full description of
the scope of the Order is contained in the Issues and Decision
Memorandum.\10\
---------------------------------------------------------------------------
\10\ See Memorandum, ``Circular Welded Carbon Steel Pipes and
Tubes from Thailand: Issues and Decision Memorandum for the Final
Results of Antidumping Duty Administrative Review and Final
Determination of No Shipments; 2020-2021,'' dated concurrently with,
and hereby adopted by, this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the case and rebuttal briefs submitted by
parties in this administrative review are addressed in the Issues and
Decision Memorandum and are listed in Appendix I to this notice. The
Issues and Decision Memorandum is a public document and is on file
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. In
addition, a complete version of the Issues and Decision Memorandum can
be accessed at https://access.trade.gov/public/FRNoticesListLayout.aspx.
Changes Since the Preliminary Results
We made no changes to our calculations for the final results of
review.
Final Determination of No Shipments
We preliminarily found that K Line had no shipments of subject
merchandise during the POR.\11\ No party commented on the Preliminary
Results regarding the no-shipments decision with respect to K-Line.
Therefore, for the final results, we continue to find that K-Line had
no shipments of subject merchandise during the POR and will issue
appropriate instructions to U.S. Customs and Border Protection (CBP)
based on the final results.
---------------------------------------------------------------------------
\11\ See Preliminary Results, 87 FR at 19856.
---------------------------------------------------------------------------
Rate for Non-Examined Companies
The statute and Commerce's regulations do not address the
establishment of a weighted-average dumping margin to be applied to
companies not selected for individual examination when Commerce limits
its examination in an administrative review
[[Page 60657]]
pursuant to section 777A(c)(2) of the Act. Generally, Commerce looks to
section 735(c)(5) of the Act, which provides instructions for
calculating the all-others rate in a less-than-fair-value
investigation, for guidance when calculating the weighted-average
dumping margin for companies which were not selected for individual
examination in an administrative review. Under section 735(c)(5)(A) of
the Act, the all-others rate is normally an amount equal to the
weighted average of the estimated weighted average dumping margins
established for exporters and producers individually investigated,
excluding any zero or de minimis (i.e., less than 0.5 percent) margins,
and any margins determined entirely on the basis of facts available.
In this review, we have calculated a weighted-average dumping
margin for the mandatory respondent, Saha Thai, that is zero percent.
Where the rates for the individually examined companies are all zero,
de minimis, or determined entirely using facts available, section
735(c)(5)(B) of the Act instructs that Commerce ``may use any
reasonable method to establish the estimated all-others rate for
exporters and producers not individually investigated, including
averaging the estimated weighted average dumping margins determined for
the exporters and producers individually investigated.'' One such
reasonable method is to weight average the zero and de minimis rates,
and the rates determined entirely pursuant to facts available. In fact,
the SAA states that this is the ``expected'' method in such
circumstances.\12\ Accordingly, we determined the weighted-average
dumping margin for the 28 companies that were not selected for
individual examination based on the weighted average dumping margin
calculated for Saha Thai, i.e., zero percent, consistent with section
735(c)(5)(B) of the Act. This is the only rate determined in this
review for an individually examined company, and, thus, it is applied
to the 28 firms not selected for individual examination.
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\12\ See Statement of Administrative Action Accompanying the
Uruguay Round Agreements Act, H.R. Doc. 103-316, vol. 1 (1994) (SAA)
at 873.
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Final Results of Administrative Review
Commerce determines that the following weighted-average dumping
margins exist for the period March 1, 2020, through February 28, 2021:
------------------------------------------------------------------------
Weighted-average
Producer or exporter dumping margin
(percent)
------------------------------------------------------------------------
Saha Thai Steel Pipe Public Co., Ltd.; Saha Thai 0.00
Steel Pipe (Public) Company, Ltd..................
------------------------------------------------------------------------
Review-Specific Average Rate Applicable to the Following Companies
------------------------------------------------------------------------
Average dumping
Producer or exporter margin (percent)
------------------------------------------------------------------------
Non-Examined Companies \13\........................ 0.00
------------------------------------------------------------------------
Disclosure
Normally, Commerce discloses to the parties in a proceeding the
calculations performed in connection with a final results of review
within five days after public announcement of final results.\14\
However, because Commerce made no adjustments to the margin calculation
methodology used in the Preliminary Results, there are no calculations
to disclose for the final results of review.
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\13\ See Appendix II for a full list of these companies.
\14\ See 19 CFR 351.224(b).
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Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b),
Commerce will determine, and CBP shall assess, antidumping duties on
all appropriate entries of subject merchandise in accordance with the
final results of this review.
For Saha Thai, the calculated weighted-average dumping margin in
the final results is zero or de minimis; accordingly, we will instruct
CBP to liquidate the entries reported in this review without regard to
antidumping duties. For entries of subject merchandise during the POR
produced by Saha Thai for which it did not know its merchandise was
destined for the United States, 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.
For the companies identified above that were not selected for
individual examination, we will instruct CBP to assess antidumping
duties at a rate equal to the weighted-average dumping margin for that
company established in the final results of review.
Because we have determined that K-Line had no shipments of subject
merchandise in this review, Commerce will instruct CBP to liquidate any
suspended entries that entered under K-Line's case number (i.e., at K-
Line's cash deposit rate) at the all-others rate (i.e., 15.67 percent).
Commerce intends to issue assessment instructions to CBP no earlier
than 35 days after the date of publication of the final results of this
review in the Federal Register. If a timely summons is filed at the
U.S. Court of International Trade, the assessment instructions will
direct CBP not to liquidate relevant entries until the time for parties
to file a request for a statutory injunction has expired (i.e., within
90 days of publication).
Cash Deposit Requirements
Upon publication of this notice in the Federal Register, the
following cash deposit requirements will be effective for all shipments
of CWP entered, or withdrawn from warehouse, for consumption on or
after the publication date, as provided by section 751(a)(2)(C) of the
Act: (1) the cash deposit rates for the companies subject to this
review will be equal to the weighted-average dumping margin established
in the final results of this review; (2) for merchandise exported by a
company not covered in this review but covered in a prior completed
segment of the proceeding, the cash deposit rate will continue to be
the company-specific rate published in the completed segment for the
most recent period; (3) if the exporter is not a firm covered in this
[[Page 60658]]
review, a prior review, or the original investigation but the producer
has been covered in a prior completed segment of this proceeding, then
the cash deposit rate will be the rate established in the completed
segment for the most recent period for the producer of the merchandise;
and (4) the cash deposit rate for all other producers or exporters will
continue to be 15.67 percent, the all-others rate established in the
less-than-fair-value investigation for this proceeding.\15\
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\15\ See Order, 51 FR at 8341.
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These cash deposit requirements, when imposed, shall remain in
effect until further notice.
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 and/or countervailing 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 the antidumping and/or countervailing duties
occurred and the subsequent assessment of doubled antidumping duties.
Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f) to file a certificate
regarding the reimbursement of antidumping and/or countervailing 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 and/or countervailing duties occurred
and the subsequent assessment of double antidumping duties.
Administrative Protective Order
This notice also serves as a reminder to parties subject to
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. Timely written
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 terms of an APO is a violation subject
to sanction.
Notification to Interested Parties
Commerce is issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(5).
Dated: September 30, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix I--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 Issue
Comment: Adjustment for the Alleged Particular Market Situation
(PMS)
VI. Recommendation
Appendix II--List of Companies Not Individually Examined
1. Apex International Logistics
2. Aquatec Maxcon Asia
3. Asian Unity Part Co., Ltd.
4. Better Steel Pipe Company Limited.
5. Bis Pipe Fitting Industry Co., Ltd.
6. Blue Pipe Steel Center Co. Ltd.
7. Chuhatsu (Thailand) Co., Ltd.
8. CSE Technologies Co., Ltd.
9. Expeditors International (Bangkok)
10. Expeditors Ltd.
11. FS International (Thailand) Co., Ltd
12. Kerry-Apex (Thailand) Co., Ltd.
13. Oil Steel Tube (Thailand) Co., Ltd.
14. Otto Ender Steel Structure Co., Ltd.
15. Pacific Pipe and Pump
16. Pacific Pipe Public Company Limited
17. Panalpina World Transport Ltd.
18. Polypipe Engineering Co., Ltd.
19. Schlumberger Overseas S.A.
20. Siam Fittings Co., Ltd.
21. Siam Steel Pipe Co., Ltd.
22. Sino Connections Logistics (Thailand) Co., Ltd.
23. Thai Malleable Iron and Steel
24. Thai Oil Group
25. Thai Oil Pipe Co., Ltd.
26. Thai Premium Pipe Co., Ltd.
27. Vatana Phaisal Engineering Company
28. Visavakit Patana Corp., Ltd.
[FR Doc. 2022-21772 Filed 10-5-22; 8:45 am]
BILLING CODE 3510-DS-P