Steel Propane Cylinders From Thailand: Final Results of Antidumping Duty Administrative Review; 2020-2021, 14334-14335 [2023-04758]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 88, Number 45 (Wednesday, March 8, 2023)]
[Notices]
[Pages 14334-14335]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04758]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-549-839]


Steel Propane Cylinders From Thailand: Final Results of 
Antidumping Duty Administrative Review; 2020-2021

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
Sahamitr Pressure Container Plc. (also known as Sahamitr Pressure 
Container Public Company Limited) (SMPC) made sales of subject 
merchandise in the United States at prices below normal value (NV) 
during the period of review (POR) August 1, 2020, through July 31, 
2021.

DATES: Applicable March 8, 2023.

FOR FURTHER INFORMATION CONTACT: Samuel Brummitt, AD/CVD Operations, 
Office III, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-7851.

SUPPLEMENTARY INFORMATION: 

Background

    On September 6, 2022, Commerce published the Preliminary Results of 
the 2020-2021 administrative review of the antidumping duty order on 
steel propane cylinders from Thailand and invited interested parties to 
comment.\1\ This review covers one producer/exporter of the subject 
merchandise, SMPC.\2\ For a summary of the events that occurred since 
the Preliminary Results, see the Issues and Decision Memorandum.\3\ 
Commerce conducted this review in accordance with section 751(a)(1)(B) 
of the Tariff Act of 1930, as amended (the Act).
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    \1\ See Steel Propane Cylinders from Thailand: Preliminary 
Results of Antidumping Duty Administrative Review; 2020-2021, 87 FR 
54476 (September 6, 2022) (Preliminary Results), and accompanying 
Preliminary Decision Memorandum.
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 86 FR 55811 (October 7, 2021).
    \3\ See Memorandum, ``Steel Propane Cylinders from Thailand: 
Issues and Decision Memorandum for the Final Results of Antidumping 
Duty Administrative Review; 2020-2021,'' dated concurrently with, 
and hereby adopted by, this notice (Issues and Decision Memorandum).
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Scope of the Order 4
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    \4\ See Steel Propane Cylinders from the People's Republic of 
China and Thailand: Amended Final Determination of Sales at Less 
Than Fair Value and Antidumping Duty Orders, 84 FR 41703 (August 15, 
2019) (Order).
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    The merchandise covered by this Order is steel propane cylinders 
from Thailand. A full description of the scope of the Order is 
contained in the Issues and Decision Memorandum.

Analysis of Comments Received

    All issues raised by parties in the case and rebuttal briefs are 
addressed in the Issues and Decision Memorandum. A list of the issues 
addressed in the Issues and Decision Memorandum is included in the 
appendix 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 directly at https://access.trade/gov/public/FRNoticesListLayout.aspx.

Changes Since the Preliminary Results

    Based on comments received from interested parties regarding our 
Preliminary Results and our review of the record to address those 
comments, we made certain changes to the preliminary weighted-average 
dumping margin calculations for SMPC, as detailed in the Issues and 
Decision Memorandum.

Final Results of Review

    As a result of this administrative review, Commerce determines that 
the following weighted-average dumping margin exists for the POR, 
August 1, 2020, through July 31, 2021:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Sahamitr Pressure Container Plc.............................       10.64
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Disclosure

    Commerce intends to disclose the calculations performed for these 
final results within five days of the date of publication of this 
notice in the Federal Register, in accordance with 19 CFR 351.224(b).

Assessment Rates

    Pursuant to section 751(a)(2)(C) of the Tariff Act of 1930, as 
amended (the Act),

[[Page 14335]]

19 CFR 351.213, and 19 CFR 351.212(b), Commerce has determined, and 
U.S. Customs and Border Protection (CBP) shall assess, antidumping 
duties on all appropriate entries of subject merchandise in accordance 
with these final results of review.\5\ Pursuant to 19 CFR 
351.212(b)(1), we calculated importer-specific ad valorem duty 
assessment rates based on the ratio of the total amount of dumping 
calculated for the examined sales to the total entered value of the 
sales for which entered value was reported. Where the respondent's 
weighted-average dumping margin is zero or de minimis within the 
meaning of 19 CFR 351.106(c)(1), or an importer-specific assessment 
rate is zero or de minimis, we will instruct CBP to liquidate the 
appropriate entries without regard to antidumping duties.
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    \5\ See 19 CFR 351.212(b).
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    Commerce's ``reseller policy'' will apply to entries of subject 
merchandise during the POR produced by SMPC for which the reviewed 
company did not know that the merchandise it 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.\6\
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    \6\ For a full discussion of this practice, see Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 
68 FR 23954 (May 6, 2003).
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    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

    The following cash deposit requirements for estimated antidumping 
duties will be effective for all shipments of subject merchandise 
entered, or withdrawn from warehouse, for consumption on or after the 
publication date of the final results of this administrative review, as 
provided by section 751(a)(2)(C) of the Act: (1) the cash deposit rate 
for SMPC will be equal to the weighted-average dumping margin that is 
established in the final results of this review (except if that rate is 
de minimis, in which situation the cash deposit rate will be zero); (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 review, a prior review, or the original 
investigation but the producer has been covered in a prior complete 
segment of this proceeding, the cash deposit rate will be the company-
specific rate established in the completed segment for the most recent 
period for the producer of the merchandise; (4) the cash deposit rate 
for all other producers and exporters will continue to be 10.77 percent 
ad valorem, the all-others rate established in the LTFV 
investigation.\7\
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    \7\ See Steel Propane Cylinders from Thailand: Final 
Determination of Sales at Less Than Fair Value, 84 FR 29168, 29169 
(June 21, 2019).
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    These cash deposit requirements, when imposed, shall remain in 
effect until further notice.

Notification to Importers

    This notice also 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 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.

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(a)(3), 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. Failure to comply with the regulations and 
the terms of an APO is a sanctionable violation.

Notification to Interested Parties

    We are 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: March 2, 2023.
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 Since the Preliminary Results
V. Discussion of the Issues
    Comment 1: Whether Refrigerant Cylinders Should be Excluded from 
SMPC's Margin Calculation
    Comment 2: Whether Commerce Should Revise its Model Match 
Methodology and Add ``Type of Gas'' as a New Characteristic
    Comment 3: Whether to Revise Certain Date Variables
    Comment 4: Calculation of Billing Adjustments
    Comment 5: Use of Consistent Weight Data for the Sales and Cost 
Databases
    Comment 6: Whether to Revise Commerce's Final Liquidation 
Instructions
    Comment 7: Differential Pricing
VI. Recommendation

[FR Doc. 2023-04758 Filed 3-7-23; 8:45 am]
BILLING CODE 3510-DS-P