Steel Propane Cylinders From Thailand: Final Results of Antidumping Duty Administrative Review; 2021-2022, 13690-13692 [2024-03740]
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13690
Federal Register / Vol. 89, No. 37 / Friday, February 23, 2024 / Notices
Commerce’s ‘‘automatic assessment’’
practice will apply to entries of subject
merchandise during the POR produced
by Hyundai or POSCO for which the
reviewed companies did not know that
the merchandise they sold to the
intermediary (i.e., a reseller, trading
company, or exporter) was destined for
the United States.10 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.11
For Dongbu, the company that was
not selected for individual examination,
we assigned an assessment rate based on
the weighted average of the cash deposit
rates calculated for Hyundai and
POSCO, excluding any which are zero,
de minimis, or determined entirely on
the basis of facts available.12
ddrumheller on DSK120RN23PROD with NOTICES1
Cash Deposit Instructions
The following cash deposit
requirements will be effective for all
shipments of the subject merchandise
entered, or withdrawn from warehouse,
for consumption on, or after, the date of
publication of this notice in the Federal
Register, as provided for by section
751(a)(2)(C) of the Act: (1) the cash
deposit rate for the companies listed
above will be equal to the weightedaverage dumping margin established in
the final results of this review, except if
the rate is less than 0.50 percent and,
therefore, de minimis within the
meaning of 19 CFR 351.106(c)(1), in
which case the cash deposit rate will be
zero; (2) for previously investigated or
reviewed companies not covered in this
review, the cash deposit rate will
continue to be the company-specific
cash deposit rate published for the most
recently completed segment of this
proceeding in which the company
participated; (3) if the exporter is not a
firm covered in this review, a prior
review, or the less-than-fair-value
(LTFV) investigation, but the
manufacturer is, then the cash deposit
rate will be the rate established for the
most recent segment for the
manufacturer of the merchandise; and
(4) the cash deposit rate for all other
manufacturers or exporters will
continue to be 20.33 percent, the allothers rate established in the LTFV
investigation.13 These cash deposit
10 For a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
11 See Order, 81 FR at 64434.
12 See section 735(c)(5)(A) of the Act.
13 See Order, 81 FR at 64434.
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17:19 Feb 22, 2024
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requirements, when imposed, shall
remain in effect until further notice.
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 review period. 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 final
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(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 of Interested Parties
This notice is issued and published in
accordance with sections 751(a)(1) and
777(i)(1) of the Act.
Dated: February 16, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and
Negotiations, Performing the Non-exclusive
Functions and Duties of the Assistant
Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Changes Since the Preliminary Results
IV. Discussion of the Issues
Comment 1: Comparing Hyundai’s Home
Market Sales of Non-Prime Merchandise
to U.S. Sales of Prime Merchandise
Comment 2: Whether Commerce Should
Apply its Quarterly Cost Methodology to
Hyundai
Comment 3: Whether to Include Hyundai’s
Home Market and U.S. Billing
Adjustments in its Margin Calculation
Comment 4: Whether to Increase U.S. Price
by the Amount of Countervailing Duties
Imposed to Offset Hyundai’s Export
Subsidy
Comment 5: Ministerial Errors in POSCO’s
Margin Calculation
V. Recommendation
[FR Doc. 2024–03741 Filed 2–22–24; 8:45 am]
BILLING CODE 3510–DS–P
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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; 2021–
2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) finds 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 during the period of review (POR)
August 1, 2021, through July 31, 2022.
DATES: Applicable February 23, 2024.
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:
AGENCY:
Background
On September 6, 2023, Commerce
published the preliminary results of the
2021–2022 administrative review of the
antidumping duty order on steel
propane cylinders from Thailand and
invited interested parties to comment.1
On December 12, 2023, we extended the
deadline for these final results to
February 16, 2024.2 For a complete
description 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).
Scope of the Order 4
The merchandise covered by this
Order is steel propane cylinders from
1 See Steel Propane Cylinders from Thailand:
Preliminary Results of Antidumping Duty
Administrative Review; 2021–2022, 88 FR 60921
(September 6, 2023) (Preliminary Results), and
accompanying Preliminary Decision Memorandum.
2 See Memorandum, ‘‘Extension of Deadline for
Final Results of Antidumping Duty Administrative
Review,’’ dated December 12, 2023.
3 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the
Administrative Review of the Antidumping Duty
Order on Steel Propane Cylinders from Thailand;
2021–2022,’’ dated concurrently with, and hereby
adopted by, this notice (Issues and Decision
Memorandum).
4 See Steel Propane Cylinders from the People’s
Republic of China and Thailand: Amended Final
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Federal Register / Vol. 89, No. 37 / Friday, February 23, 2024 / Notices
respondent reported the entered value
of its U.S. sales, we calculated importerspecific ad valorem duty assessment
rates based on the ratio of the total
Analysis of Comments Received
amount of dumping calculated for the
All issues raised in the case and
examined sales to the total entered
rebuttal briefs are addressed in the
value of the sales for which entered
Issues and Decision Memorandum. A
value was reported. Where the
list of the issues that parties raised, and
respondent did not report entered value,
to which we responded in the Issues
we calculated a per-unit assessment rate
and Decision Memorandum, is attached for each importer by dividing the total
as an appendix to this notice. The Issues amount of dumping calculated for the
and Decision Memorandum is a public
examined sales made to that importer by
document and is on file electronically
the total quantity associated with those
via Enforcement and Compliance’s
sales. To determine whether an
Antidumping and Countervailing Duty
importer-specific, per-unit assessment
Centralized Electronic Service System
rate is de minimis, in accordance with
(ACCESS). ACCESS is available to
19 CFR 351.106(c)(2), we also calculated
registered users at https://
an importer-specific ad valorem ratio
access.trade.gov. In addition, a complete based on estimated entered values.
version of the Issues and Decision
Where the respondent’s weightedMemorandum can be accessed directly
average dumping margin is zero or de
at https://access.trade/gov/public/
minimis within the meaning of 19 CFR
FRNoticesListLayout.aspx.
351.106(c)(1), or an importer-specific
assessment rate is zero or de minimis,
Changes Since the Preliminary Results
we will instruct CBP to liquidate the
Based on a review of the record and
appropriate entries without regard to
comments received from interested
antidumping duties.
parties, we made certain adjustments to
Commerce’s ‘‘reseller policy’’ will
the margin calculations for these final
apply to entries of subject merchandise
results, as detailed in the Issues and
during the POR produced by SMPC for
Decision Memorandum.
which the reviewed company did not
know that the merchandise it sold to the
Final Results of Review
intermediary (e.g., a reseller, trading
As a result of this administrative
company, or exporter) was destined for
review, Commerce determines that the
the United States. In such instances, we
following weighted-average dumping
will instruct CBP to liquidate
margin exists for the period August 1,
unreviewed entries at the all-others rate
2021, through July 31, 2022:
if there is no rate for the intermediate
company(ies) involved in the
Weightedtransaction.5
average
Commerce intends to issue
Exporter/producer
dumping
margin
assessment instructions to CBP no
(percent)
earlier than 35 days after the date of
publication of the final results of this
Sahamitr Pressure Container Plc
2.17
review in the Federal Register. If a
timely summons is filed at the U.S.
Disclosure
Court of International Trade, the
Commerce intends to disclose the
assessment instructions will direct CBP
calculations performed to interested
not to liquidate relevant entries until the
parties for these final results within five time for parties to file a request for a
days of the date of publication of this
statutory injunction has expired (i.e.,
notice in the Federal Register, in
within 90 days of publication). The final
accordance with 19 CFR 351.224(b).
results of this administrative review
shall be the basis for the assessment of
Assessment Rates
antidumping duties on entries of
Pursuant to section 751(a)(2)(C) of the merchandise under review and for
Act, 19 CFR 351.213, and 19 CFR
future cash deposits of estimated
351.212(b), Commerce has determined,
antidumping duties, where applicable.
and U.S. Customs and Border Protection
Cash Deposit Requirements
(CBP) shall assess, antidumping duties
on all appropriate entries of subject
The following cash deposit
merchandise in accordance with these
requirements for estimated antidumping
final results of review. Pursuant to 19
duties will be effective for all shipments
CFR 351.212(b)(1), where the
ddrumheller on DSK120RN23PROD with NOTICES1
Thailand. A full description of the scope
of the Order is contained in the Issues
and Decision Memorandum.
Determination of Sales at Less Than Fair Value and
Antidumping Duty Orders, 84 FR 41703 (August 15,
2019) (Order).
VerDate Sep<11>2014
17:19 Feb 22, 2024
Jkt 262001
5 For a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
PO 00000
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Sfmt 4703
13691
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,6 the all-others rate
established in the less-than-fair-value
investigation. 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
6 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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13692
Federal Register / Vol. 89, No. 37 / Friday, February 23, 2024 / Notices
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: February 16, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and
Negotiations, Performing the Non-exclusive
Functions and Duties of the 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 Commerce Should
Remove Certain Non-Propane Cylinders
from SMPC’s Home Market Sales
Database
Comment 2: Whether to Revise the
Capping of U.S. Freight Revenue
Comment 3: Differential Pricing Analysis
VI. Recommendation
[FR Doc. 2024–03740 Filed 2–22–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–469–823]
Utility Scale Wind Towers From Spain:
Rescission of Antidumping Duty
Administrative Review; 2022–2023
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) is rescinding the
administrative review of the
antidumping duty (AD) order on utility
scale wind towers (wind towers) from
Spain for the period of review (POR)
August 1, 2022, through July 31, 2023.
DATES: Applicable February 23, 2024.
FOR FURTHER INFORMATION CONTACT:
Christopher Maciuba, AD/CVD
Operations, Office V, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–0413.
SUPPLEMENTARY INFORMATION:
ddrumheller on DSK120RN23PROD with NOTICES1
AGENCY:
Background
On August 26, 2020, Commerce
published in the Federal Register the
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17:19 Feb 22, 2024
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AD order on wind towers from Spain.1
On August 2, 2023, Commerce
published in the Federal Register a
notice of opportunity to request an
administrative review of the AD order
on wind towers from Spain.2 On August
31, 2022, the Wind Tower Trade
Coalition (the petitioner) submitted a
timely request that Commerce conduct
an administrative review.3
On October 18, 2023, Commerce
published in the Federal Register a
notice of initiation of administrative
review with respect to imports of wind
towers from Spain in accordance with
section 751(a) of the Tariff Act of 1930,
as amended (the Act) and 19 CFR
351.221(c)(1)(i).4 This review covers
subject merchandise exported and/or
produced by Acciona Energia, Acciona
Windpower S.A., Industrial
Barranquesa, S.A., Gamesa Energy
Transmission S.A., GE Renewable
Energy, GRI Renewable Industries S.L.,
Haizea Wind Group, Iberdrola, S.A.,
Iberdrola Renovables Energia S.A.,
Nordex SE, Nordex Energy Spain S.A.,
Siemens Gamesa Renewable Energy
Inc., Vestas Eolica S.A.U., Vestas Eolica,
S.A., Vestas Manufacturing Spain
S.L.U., Vestas Control Systems Spain
S.L.U., Vestas Wind Systems A/S, and
Windar Renovables, S.A.5 On October
24, 2023, we placed on the record U.S.
Customs and Border Protection (CBP)
data for entries of wind towers from
Spain during the POR, showing no
reviewable POR entries and invited
interested parties to comment.6
On October 31, 2023, the petitioner
filed comments with respect to the CBP
data.7 On November 17, 2023, Acciona
Generacio´n Renovable, S.A. (formerly
Acciona Energia, S.A.) (Acciona)
submitted a no-shipment certification,
indicating that it had no exports or sales
1 See Utility Scale Wind Towers from Canada,
Indonesia, the Republic of Korea, and the Socialist
Republic of Vietnam: Antidumping Duty Orders, 85
FR 52546 (August 26, 2020) (Order), corrected in
Utility Scale Wind Towers from Canada, Indonesia,
the Republic of Korea, and the Socialist Republic
of Vietnam: Notice of Correction to the
Antidumping Duty Orders, 85 FR 56213 (September
11, 2020).
2 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
to Request Administrative Review and Join Annual
Inquiry Service List, 88 FR 50840 (August 2, 2023).
3 See Petitioner’s Letter, ‘‘Request for
Administrative Review,’’ dated August 31, 2023.
4 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 88 FR
71829 (October 18, 2023).
5 Id., 88 FR at 71832.
6 See Memorandum, ‘‘Release of Customs and
Border Protection Data Query,’’ dated October 24,
2023.
7 See Petitioner’s Letter, ‘‘Comments on CBP Data
and Respondent Selection’’ dated October 31, 2023.
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of subject merchandise to the United
States during the POR.8
On December 7, 2023, Commerce
notified all interested parties of its
intent to rescind the instant review
because there were no reviewable,
suspended entries of subject
merchandise by any of the companies
subject to this review during the POR
and invited interested parties to
comment.9 We did not receive any
comments.
Rescission of Review
Pursuant to 19 CFR 351.213(d)(3), it is
Commerce’s practice to rescind an
administrative review of an AD order
when there are no reviewable entries of
subject merchandise during the POR for
which liquidation is suspended.10
Normally, upon completion of an
administrative review, the suspended
entries are liquidated at the AD
assessment rate calculated for the
review period.11 Therefore, for an
administrative review to be conducted,
there must be a reviewable, suspended
entry that Commerce can instruct CBP
to liquidate at the AD assessment rate
calculated for the review period.12 As
noted above, there were no entries of
subject merchandise for the companies
subject to this review during the POR.
Accordingly, in the absence of
suspended entries of subject
merchandise during the POR, we are
hereby rescinding this administrative
review, in its entirety, in accordance
with 19 CFR 351.213(d)(3).
Assessment
Commerce will instruct CBP to assess
antidumping duties on all appropriate
entries. Antidumping duties shall be
assessed at rates equal to the cash
deposit of estimated antidumping duties
required at the time of entry, or
withdrawal from warehouse, for
consumption, in accordance with 19
CFR 351.212(c)(1)(i). Commerce intends
to issue assessment instructions to CBP
no earlier than 35 days after the date of
publication of this rescission notice in
the Federal Register.
8 See Acciona’s Letter, ‘‘No Shipment
Certification,’’ dated November 17, 2023.
9 See Memorandum, ‘‘Notice of Intent to Rescind
Review,’’ dated December 7, 2023.
10 See, e.g., Dioctyl Terephthalate from the
Republic of Korea: Rescission of Antidumping
Administrative Review; 2021–2022, 88 FR 24758
(April 24, 2023); see also Certain Carbon and Alloy
Steel Cut-to-Length Plate from the Federal Republic
of Germany: Recission of Antidumping
Administrative Review; 2020–2021, 88 FR 4154
(January 24, 2023).
11 See 19 CFR 351.212(b)(1).
12 See 19 CFR 351.213(d)(3).
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Agencies
[Federal Register Volume 89, Number 37 (Friday, February 23, 2024)]
[Notices]
[Pages 13690-13692]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-03740]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-549-839]
Steel Propane Cylinders From Thailand: Final Results of
Antidumping Duty Administrative Review; 2021-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) finds 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 during the period of review
(POR) August 1, 2021, through July 31, 2022.
DATES: Applicable February 23, 2024.
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, 2023, Commerce published the preliminary results of
the 2021-2022 administrative review of the antidumping duty order on
steel propane cylinders from Thailand and invited interested parties to
comment.\1\ On December 12, 2023, we extended the deadline for these
final results to February 16, 2024.\2\ For a complete description of
the events that occurred since the Preliminary Results, see the Issues
and Decision Memorandum.\3\
---------------------------------------------------------------------------
\1\ See Steel Propane Cylinders from Thailand: Preliminary
Results of Antidumping Duty Administrative Review; 2021-2022, 88 FR
60921 (September 6, 2023) (Preliminary Results), and accompanying
Preliminary Decision Memorandum.
\2\ See Memorandum, ``Extension of Deadline for Final Results of
Antidumping Duty Administrative Review,'' dated December 12, 2023.
\3\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Administrative Review of the Antidumping Duty
Order on Steel Propane Cylinders from Thailand; 2021-2022,'' dated
concurrently with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
---------------------------------------------------------------------------
Commerce conducted this review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act).
Scope of the Order 4
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
The merchandise covered by this Order is steel propane cylinders
from
[[Page 13691]]
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 in the case and rebuttal briefs are addressed in
the Issues and Decision Memorandum. A list of the issues that parties
raised, and to which we responded in the Issues and Decision
Memorandum, is attached as an 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 a review of the record and comments received from
interested parties, we made certain adjustments to the margin
calculations for these final results, 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 period
August 1, 2021, through July 31, 2022:
------------------------------------------------------------------------
Weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
Sahamitr Pressure Container Plc............................ 2.17
------------------------------------------------------------------------
Disclosure
Commerce intends to disclose the calculations performed to
interested parties 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 Act, 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. Pursuant to 19 CFR 351.212(b)(1), where the respondent
reported the entered value of its U.S. sales, 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 did not report entered value, we calculated a per-unit
assessment rate for each importer by dividing the total amount of
dumping calculated for the examined sales made to that importer by the
total quantity associated with those sales. To determine whether an
importer-specific, per-unit assessment rate is de minimis, in
accordance with 19 CFR 351.106(c)(2), we also calculated an importer-
specific ad valorem ratio based on estimated entered values. 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.
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.\5\
---------------------------------------------------------------------------
\5\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------
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). The final results of this administrative
review shall be the basis for the assessment of antidumping duties on
entries of merchandise under review and for future cash deposits of
estimated antidumping duties, where applicable.
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,\6\ the all-others rate established in the less-than-fair-
value investigation. These cash deposit requirements, when imposed,
shall remain in effect until further notice.
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\6\ 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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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
[[Page 13692]]
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: February 16, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, Performing the
Non-exclusive Functions and Duties of the 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 Commerce Should Remove Certain Non-Propane
Cylinders from SMPC's Home Market Sales Database
Comment 2: Whether to Revise the Capping of U.S. Freight Revenue
Comment 3: Differential Pricing Analysis
VI. Recommendation
[FR Doc. 2024-03740 Filed 2-22-24; 8:45 am]
BILLING CODE 3510-DS-P