Circular Welded Carbon Steel Pipes and Tubes From Thailand: Preliminary Results and Rescission, in Part, of Antidumping Duty Administrative Review; 2022-2023, 15971-15973 [2024-04740]
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Federal Register / Vol. 89, No. 45 / Wednesday, March 6, 2024 / Notices
DEPARTMENT OF COMMERCE
International Trade Administration
[A–549–502]
Circular Welded Carbon Steel Pipes
and Tubes From Thailand: Preliminary
Results and Rescission, in Part, of
Antidumping Duty Administrative
Review; 2022–2023
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
finds that certain producers/exporters
subject to this administrative review did
not make sales of subject merchandise at
less than normal value (NV) during the
period of review (POR) March 1, 2022,
through February 28, 2023. Commerce is
also rescinding the review, in part, with
respect to 28 respondents. We invite
interested parties to comment on these
preliminary results.
AGENCY:
DATES:
Applicable March 6, 2024.
FOR FURTHER INFORMATION CONTACT:
Jacob Keller 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) 482–4849 or (202) 482–0410,
respectively.
SUPPLEMENTARY INFORMATION:
ddrumheller on DSK120RN23PROD with NOTICES1
Background
On March 11, 1986, Commerce
published in the Federal Register the
antidumping duty order on circular
welded carbon steel pipes and tubes
(CWP) from Thailand.1 On March 2,
2023, Commerce published in the
Federal Register the notice of initiation
of the administrative review of the
Order.2 On June 5, 2023, Commerce
selected Saha Thai Steel Pipe Public
Co., Ltd. (Saha Thai) and Thai Premium
Pipe Co. Ltd. (TPP) for individual
examination as the mandatory
respondents in this administrative
review.3 On January 16, 2024,
Commerce notified interested parties of
our intent to rescind this administrative
review with respect to the 28 companies
that have no reviewable suspended
1 See
Antidumping Duty Order; Circular Welded
Carbon Steel Pipes and Tubes from Thailand, 51 FR
8341 (March 11, 1986) (Order).
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 88 FR
29881, 29884 (May 9, 2023).
3 See Memorandum, ‘‘Respondent Selection,’’
dated June 5, 2023.
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16:57 Mar 05, 2024
Jkt 262001
entries.4 On November 13, 2023,
Commerce extended the time limit for
these preliminary results to March 5,
2024.5 For a complete description of the
events that occurred since the initiation
of this review, see the Preliminary
Decision Memorandum.6
A list of topics discussed in the
Preliminary Decision Memorandum is
attached in Appendix I to this notice.
The Preliminary 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 Preliminary
Decision Memorandum is available at
https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Scope of the Order
The products covered by the Order
are CWP from Thailand. For a complete
description of the scope of this Order,
see the Preliminary Decision
Memorandum.
Rescission of Review, In Part
Pursuant to 19 CFR 351.213(d)(3),
Commerce will rescind an
administrative review when there are no
reviewable suspended entries. Based on
our analysis of U.S. Customs and Border
Protection (CBP) information, we
preliminarily determine that 28
companies had no entries of subject
merchandise during the POR. On
January 16, 2024, we notified parties of
our intent to rescind this administrative
review with respect to the 28 companies
listed in Appendix II that had no
reviewable suspended entries during the
POR.7 No parties commented on our
Intent to Rescind Memorandum. As a
result, we are rescinding this review, in
part, with respect to the 28 companies
listed in Appendix II of this notice.
Methodology
Commerce is conducting this review
in accordance with section 751(a) of the
Tariff Act of 1930, as amended (the Act).
We calculated export price and NV in
4 See Memorandum, ‘‘Intent to Partially Rescind
Review,’’ dated January 16, 2024 (Intent to Rescind
Memorandum).
5 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of the Antidumping Duty
Administrative Review; 2021–2022,’’ dated
November 7, 2022.
6 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the Administrative
Review and Rescission, in Part, of the Antidumping
Duty Order on Circular Welded Carbon Steel Pipes
and Tubes from Thailand; 2022–2023,’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
7 See Intent to Rescind Memorandum.
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15971
accordance with sections 772 and 773 of
the Act, respectively. For a complete
description of the methodology
underlying our conclusions, see the
Preliminary Decision Memorandum.
Preliminary Results of Review
Commerce preliminarily determines
that the following estimated weightedaverage dumping margins exist for the
period March 1, 2022, through February
28, 2023:
Producer or exporter
Saha Thai Steel Pipe Public
Co., Ltd. (also known as
Saha Thai Steel Pipe
(Public) Company, Ltd.) ....
Thai Premium Pipe Co. Ltd.
Weightedaverage
dumping
margin
(percent)
0.00
0.00
Assessment Rates
Upon completion of the final results,
Commerce shall determine and CBP
shall assess, antidumping duties on all
appropriate entries covered by this
review.8 If Saha Thai or TPP’s weightedaverage dumping margin is not zero or
de minimis (i.e., less than 0.50 percent)
in the final results of this review, we
will calculate importer-specific ad
valorem assessment rates on the basis of
the ratio of the total amount of dumping
calculated for each importer’s examined
sales and the total entered value of those
same sales in accordance with 19 CFR
351.212(b)(1).9 If either the respondent’s
weighted-average dumping margin or an
importer-specific assessment rate is zero
or de minimis in the final results of
review, we intend to instruct CBP not to
liquidate relevant entries without
regards to antidumping duties.
For entries of subject merchandise
during the POR produced by Saha Thai
or TPP for which they did not know that
the merchandise was destined to 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.10
For the companies for which this
review is rescinded with these
preliminary results, we will instruct
CBP to assess antidumping duties on all
appropriate entries at a rate equal to the
8 See
19 CFR 351.212(b)(1).
Antidumping Proceedings: Calculation of
the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101, 8103
(February 14, 2012).
10 For a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
9 See
E:\FR\FM\06MRN1.SGM
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Federal Register / Vol. 89, No. 45 / Wednesday, March 6, 2024 / Notices
cash deposit of estimated antidumping
duties required at the time of entry, or
withdrawal from warehouse, for
consumption, during the period January
1, 2022, through December 31, 2022, in
accordance with 19 CFR 351.212(c)(l)(i).
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 covered by the
final results of this review and for future
deposits of estimated duties, where
applicable.11
ddrumheller on DSK120RN23PROD with NOTICES1
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication in the Federal Register of
the notice of final results of
administrative review for all shipments
of CWP from Thailand entered, or
withdrawn from warehouse, for
consumption on or after the date of
publication as provided for by section
751(a)(2)(C) of the Act: (1) the cash
deposit rate for Saha Thai and TPP will
be equal to the weighted-average
dumping margin established in the final
results of this review (except, if that rate
is de minimis within the meaning of 19
CFR 351.106(c)(1), then 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 or another
completed segment of this proceeding,
but the producer is, then the cash
deposit rate will be the companyspecific rate established for 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.12 These
cash deposit requirements, when
11 See section 751(a)(2)(C) of the Act; and 19 CFR
351.212(b).
12 See Order.
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16:57 Mar 05, 2024
Jkt 262001
imposed, shall remain in effect until
further notice.
Disclosure and Public Comment
We intend to disclose the calculations
performed for these preliminary results
to interested parties within five days
after the date of publication of this
notice.13 Pursuant to 19 CFR
351.309(c)(1)(ii), interested parties may
submit case briefs to Commerce no later
than 30 days after the date of
publication of this notice. Rebuttal
briefs, limited to issues raised in the
case briefs, may be filed not later than
five days after the date for filing case
briefs.14 Interested parties who submit
case or rebuttal briefs in this
administrative review must submit: (1)
a table of contents listing each issue;
and (2) a table of authorities.15
As provided under 19 CFR
351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged
interested parties to provide an
executive summary of their brief that
should be limited to five pages total,
including footnotes. In this review, we
instead request that interested parties
provide at the beginning of their briefs
a public, executive summary for each
issue raised in their briefs.16 Further, we
request that interested parties limit their
executive summary of each issue to no
more than 450 words, not including
citations. We intend to use the executive
summaries as the basis of the comment
summaries included in the issues and
decision memorandum that will
accompany the final results in this
administrative review. We request that
interested parties include footnotes for
relevant citations in the executive
summary of each issue.
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing must submit a written request to
the Assistant Secretary for Enforcement
and Compliance, filed electronically via
ACCESS. Requests should contain: (1)
the party’s name, address, and
telephone number; (2) the number of
participants; and (3) a list of issues to be
discussed. Issues raised in the hearing
will be limited to those raised in the
case and rebuttal briefs.
All submissions, including case and
rebuttal briefs, as well as hearing
requests, should be filed using
13 See
19 CFR 351.224(b).
19 CFR 351.309(d); see also Administrative
Protective Order, Service, and Other Procedures in
Antidumping and Countervailing Duty Proceedings,
88 FR 67069, 67077 (September 29, 2023) (APO and
Final Service Rule).
15 See 19 CFR 351.309(c)(2) and (d)(2).
16 We use the term ‘‘issue’’ here to describe an
argument that Commerce would normally address
in a comment of the Issues and Decision
Memorandum.
14 See
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Fmt 4703
Sfmt 4703
ACCESS.17 An electronically filed
document must be received successfully
in its entirety by ACCESS by 5:00 p.m.
Eastern Time on the established
deadline. Note that Commerce has
amended certain of its requirements
pertaining to the service of documents
in 19 CFR 351.303(f).18
Final Results of Review
Unless otherwise extended,
Commerce intends to issue the final
results of this administrative review,
including the results of its analysis of
the issues raised in any written briefs,
not later than 120 days after the date of
publication of this notice in the Federal
Register, pursuant to section
751(a)(3)(A) of the Act and 19 CFR
351.213(h)(1).
Notification to Importers
This notice serves as a preliminary
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.
Notification to Interested Parties
We are issuing and publishing these
preliminary results in accordance with
sections 751(a)(1) and 777(i) of the Act,
and 19 CFR 351.213(h) and
351.221(b)(4).
Dated: February 29, 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 I
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Partial Rescission of Administrative
Review
V. Discussion of Methodology
VI. Currency Conversion
VII. Recommendation
Appendix II
Companies Rescinded From This
Administrative Review
1. Apex International Logistics
2. Aquatec Maxcon Asia
3. Asian Unity Part Co., Ltd.
17 See
18 See
E:\FR\FM\06MRN1.SGM
19 CFR 351.303.
APO and Final Service Rule.
06MRN1
Federal Register / Vol. 89, No. 45 / Wednesday, March 6, 2024 / Notices
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. K Line Logistics
14. Oil Steel Tube (Thailand) Co., Ltd.
15. Otto Ender Steel Structure Co., Ltd.
16. Pacific Pipe and Pump
17. Pacific Pipe Public Company Limited
18. Panalpina World Transport Ltd.
19. Polypipe Engineering Co., Ltd.
20. Schlumberger Overseas S.A.
21. Siam Fittings Co., Ltd.
22. Siam Steel Pipe Co., Ltd.
23. Sino Connections Logistics (Thailand)
Co., Ltd.
24. Thai Malleable Iron and Steel
25. Thai Oil Group
26. Thai Oil Pipe Co., Ltd.
27. Vatana Phaisal Engineering Company
28. Visavakit Patana Corp., Ltd.
the initiation of the fifth sunset review
of the Order pursuant to section 751(c)
of the Tariff Act of 1930, as amended
(the Act).2 In accordance with 19 CFR
351.218(d)(1)(i) and (ii), Commerce
received a notice of intent to participate
in this sunset review from NobelClad
(the domestic interested party) within
15 days after the date of publication of
the Initiation Notice.3 The domestic
interested party claimed interested party
status under section 771(9)(C) of the Act
as a producer of a domestic like product
in the United States.
Commerce received a timely,
adequate substantive response to the
Initiation Notice from the domestic
interested party within the 30-day
period specified in 19 CFR
351.218(d)(3)(i).4 Commerce did not
receive substantive responses from any
other interested parties, and no party
requested a hearing.
On December 21, 2023, Commerce
notified the U.S. International Trade
Commission that it did not receive an
adequate substantive response from
other interested parties.5 As a result, in
accordance with section 751(c)(3)(B) of
the Act and 19 CFR
351.218(e)(1)(ii)(C)(2), Commerce
conducted an expedited, i.e., 120-day,
sunset review of the Order.
[FR Doc. 2024–04740 Filed 3–5–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–588–838]
Clad Steel Plate From Japan: Final
Results of the Expedited Fifth Sunset
Review of Antidumping Duty Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: As a result of this expedited
sunset review, the U.S. Department of
Commerce (Commerce) finds that
revocation of the antidumping duty
(AD) order on clad steel plate from
Japan would be likely to lead to
continuation or recurrence of dumping
at the levels indicated in the ‘‘Final
Results of Expedited Sunset Review’’
section of this notice.
DATES: Applicable March 6, 2024.
FOR FURTHER INFORMATION CONTACT:
Genevieve Coen, AD/CVD Operations,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–3251.
SUPPLEMENTARY INFORMATION:
ddrumheller on DSK120RN23PROD with NOTICES1
AGENCY:
Background
On July 2, 1996, Commerce published
in the Federal Register the AD order on
clad steel plate from Japan.1 On
November 1, 2023, Commerce published
1 See
Notice of Antidumping Order: Clad Steel
Plate from Japan, 61 FR 34421 (July 2, 1996)
(Order).
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16:57 Mar 05, 2024
Jkt 262001
Scope of the Order
The product covered by the Order is
all clad steel plate from Japan of a width
of 600 millimeters (mm) or more and a
composite thickness of 4.5 mm or more.
For a complete description of the scope
of the Order, see the Issues and Decision
Memorandum.6
Analysis of Comments Received
All issues raised in this sunset review
are addressed in the Issues and Decision
Memorandum, including the likelihood
of continuation or recurrence of
dumping and the magnitude of the
margin of dumping likely to prevail if
the Order were revoked.7 A list of topics
discussed in the Issues and Decision
Memorandum is included as an
appendix to this notice. The Issues and
2 See Initiation of Five-Year (Sunset) Reviews, 88
FR 74977 (November 1, 2023) (Initiation Notice).
3 See Domestic Interested Party’s Letter, ‘‘Notice
of Intent to Participate,’’ dated November 15, 2023.
4 See Domestic Interested Party’s Letter,
‘‘NobelClad’s Substantive Response to Notice of
Initiation,’’ dated November 29, 2023.
5 See Commerce’s Letter, ‘‘Sunset Reviews
Initiated on September 1, 2023,’’ dated October 25,
2023.
6 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the Expedited
Fifth Sunset Review of the Antidumping Duty
Order on Clad Steel Plate from Japan,’’ dated
concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
7 Id.
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15973
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.
Final Results of Sunset Review
Pursuant to sections 751(c)(1) and
752(c)(1) and (3) of the Act, Commerce
determines that revocation of the Order
would likely lead to the continuation or
recurrence of dumping and that the
magnitude of the margin of dumping
likely to prevail would be at a rate up
to 118.53 percent.8
Administrative Protective Order
This notice serves as the only
reminder to interested 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.
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
We are issuing and publishing the
results in accordance with sections
751(c), 752(c), and 777(i)(1) of the Act
and 19 CFR 351.218.
Dated: February 29, 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. History of the Order
V. Legal Framework
VI. Discussion of the Issues
1. Likelihood of Continuation or
Recurrence of Dumping
2. Magnitude of the Margin of Dumping
Likely to Prevail
VII. Final Results of Expedited Sunset
Review
VIII. Recommendation
[FR Doc. 2024–04739 Filed 3–5–24; 8:45 am]
BILLING CODE 3510–DS–P
8 Id.
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at 8–10.
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Agencies
[Federal Register Volume 89, Number 45 (Wednesday, March 6, 2024)]
[Notices]
[Pages 15971-15973]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-04740]
[[Page 15971]]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-549-502]
Circular Welded Carbon Steel Pipes and Tubes From Thailand:
Preliminary Results and Rescission, in Part, of Antidumping Duty
Administrative Review; 2022-2023
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds
that certain producers/exporters subject to this administrative review
did not make sales of subject merchandise at less than normal value
(NV) during the period of review (POR) March 1, 2022, through February
28, 2023. Commerce is also rescinding the review, in part, with respect
to 28 respondents. We invite interested parties to comment on these
preliminary results.
DATES: Applicable March 6, 2024.
FOR FURTHER INFORMATION CONTACT: Jacob Keller 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) 482-4849 or (202) 482-0410,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On March 11, 1986, Commerce published in the Federal Register the
antidumping duty order on circular welded carbon steel pipes and tubes
(CWP) from Thailand.\1\ On March 2, 2023, Commerce published in the
Federal Register the notice of initiation of the administrative review
of the Order.\2\ On June 5, 2023, Commerce selected Saha Thai Steel
Pipe Public Co., Ltd. (Saha Thai) and Thai Premium Pipe Co. Ltd. (TPP)
for individual examination as the mandatory respondents in this
administrative review.\3\ On January 16, 2024, Commerce notified
interested parties of our intent to rescind this administrative review
with respect to the 28 companies that have no reviewable suspended
entries.\4\ On November 13, 2023, Commerce extended the time limit for
these preliminary results to March 5, 2024.\5\ For a complete
description of the events that occurred since the initiation of this
review, see the Preliminary Decision Memorandum.\6\
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\1\ See Antidumping Duty Order; Circular Welded Carbon Steel
Pipes and Tubes from Thailand, 51 FR 8341 (March 11, 1986) (Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 29881, 29884 (May 9, 2023).
\3\ See Memorandum, ``Respondent Selection,'' dated June 5,
2023.
\4\ See Memorandum, ``Intent to Partially Rescind Review,''
dated January 16, 2024 (Intent to Rescind Memorandum).
\5\ See Memorandum, ``Extension of Deadline for Preliminary
Results of the Antidumping Duty Administrative Review; 2021-2022,''
dated November 7, 2022.
\6\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Administrative Review and Rescission, in Part, of the
Antidumping Duty Order on Circular Welded Carbon Steel Pipes and
Tubes from Thailand; 2022-2023,'' dated concurrently with, and
hereby adopted by, this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
A list of topics discussed in the Preliminary Decision Memorandum
is attached in Appendix I to this notice. The Preliminary 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 Preliminary Decision Memorandum is available at https://access.trade.gov/public/FRNoticesListLayout.aspx.
Scope of the Order
The products covered by the Order are CWP from Thailand. For a
complete description of the scope of this Order, see the Preliminary
Decision Memorandum.
Rescission of Review, In Part
Pursuant to 19 CFR 351.213(d)(3), Commerce will rescind an
administrative review when there are no reviewable suspended entries.
Based on our analysis of U.S. Customs and Border Protection (CBP)
information, we preliminarily determine that 28 companies had no
entries of subject merchandise during the POR. On January 16, 2024, we
notified parties of our intent to rescind this administrative review
with respect to the 28 companies listed in Appendix II that had no
reviewable suspended entries during the POR.\7\ No parties commented on
our Intent to Rescind Memorandum. As a result, we are rescinding this
review, in part, with respect to the 28 companies listed in Appendix II
of this notice.
---------------------------------------------------------------------------
\7\ See Intent to Rescind Memorandum.
---------------------------------------------------------------------------
Methodology
Commerce is conducting this review in accordance with section
751(a) of the Tariff Act of 1930, as amended (the Act). We calculated
export price and NV in accordance with sections 772 and 773 of the Act,
respectively. For a complete description of the methodology underlying
our conclusions, see the Preliminary Decision Memorandum.
Preliminary Results of Review
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist for the period March 1, 2022,
through February 28, 2023:
------------------------------------------------------------------------
Weighted-
average
Producer or exporter dumping margin
(percent)
------------------------------------------------------------------------
Saha Thai Steel Pipe Public Co., Ltd. (also known as 0.00
Saha Thai Steel Pipe (Public) Company, Ltd.)...........
Thai Premium Pipe Co. Ltd............................... 0.00
------------------------------------------------------------------------
Assessment Rates
Upon completion of the final results, Commerce shall determine and
CBP shall assess, antidumping duties on all appropriate entries covered
by this review.\8\ If Saha Thai or TPP's weighted-average dumping
margin is not zero or de minimis (i.e., less than 0.50 percent) in the
final results of this review, we will calculate importer-specific ad
valorem assessment rates on the basis of the ratio of the total amount
of dumping calculated for each importer's examined sales and the total
entered value of those same sales in accordance with 19 CFR
351.212(b)(1).\9\ If either the respondent's weighted-average dumping
margin or an importer-specific assessment rate is zero or de minimis in
the final results of review, we intend to instruct CBP not to liquidate
relevant entries without regards to antidumping duties.
---------------------------------------------------------------------------
\8\ See 19 CFR 351.212(b)(1).
\9\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101, 8103 (February 14,
2012).
---------------------------------------------------------------------------
For entries of subject merchandise during the POR produced by Saha
Thai or TPP for which they did not know that the merchandise was
destined to 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.\10\
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\10\ 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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For the companies for which this review is rescinded with these
preliminary results, we will instruct CBP to assess antidumping duties
on all appropriate entries at a rate equal to the
[[Page 15972]]
cash deposit of estimated antidumping duties required at the time of
entry, or withdrawal from warehouse, for consumption, during the period
January 1, 2022, through December 31, 2022, in accordance with 19 CFR
351.212(c)(l)(i). 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
covered by the final results of this review and for future deposits of
estimated duties, where applicable.\11\
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\11\ See section 751(a)(2)(C) of the Act; and 19 CFR 351.212(b).
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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication in the Federal Register of the notice of final results of
administrative review for all shipments of CWP from Thailand entered,
or withdrawn from warehouse, for consumption on or after the date of
publication as provided for by section 751(a)(2)(C) of the Act: (1) the
cash deposit rate for Saha Thai and TPP will be equal to the weighted-
average dumping margin established in the final results of this review
(except, if that rate is de minimis within the meaning of 19 CFR
351.106(c)(1), then 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 or another completed segment of
this proceeding, but the producer is, then the cash deposit rate will
be the company-specific rate established for 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.\12\ These cash deposit requirements, when
imposed, shall remain in effect until further notice.
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\12\ See Order.
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Disclosure and Public Comment
We intend to disclose the calculations performed for these
preliminary results to interested parties within five days after the
date of publication of this notice.\13\ Pursuant to 19 CFR
351.309(c)(1)(ii), interested parties may submit case briefs to
Commerce no later than 30 days after the date of publication of this
notice. Rebuttal briefs, limited to issues raised in the case briefs,
may be filed not later than five days after the date for filing case
briefs.\14\ Interested parties who submit case or rebuttal briefs in
this administrative review must submit: (1) a table of contents listing
each issue; and (2) a table of authorities.\15\
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\13\ See 19 CFR 351.224(b).
\14\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023) (APO and Final Service Rule).
\15\ See 19 CFR 351.309(c)(2) and (d)(2).
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As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged interested parties to provide an
executive summary of their brief that should be limited to five pages
total, including footnotes. In this review, we instead request that
interested parties provide at the beginning of their briefs a public,
executive summary for each issue raised in their briefs.\16\ Further,
we request that interested parties limit their executive summary of
each issue to no more than 450 words, not including citations. We
intend to use the executive summaries as the basis of the comment
summaries included in the issues and decision memorandum that will
accompany the final results in this administrative review. We request
that interested parties include footnotes for relevant citations in the
executive summary of each issue.
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\16\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
ACCESS. Requests should contain: (1) the party's name, address, and
telephone number; (2) the number of participants; and (3) a list of
issues to be discussed. Issues raised in the hearing will be limited to
those raised in the case and rebuttal briefs.
All submissions, including case and rebuttal briefs, as well as
hearing requests, should be filed using ACCESS.\17\ An electronically
filed document must be received successfully in its entirety by ACCESS
by 5:00 p.m. Eastern Time on the established deadline. Note that
Commerce has amended certain of its requirements pertaining to the
service of documents in 19 CFR 351.303(f).\18\
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\17\ See 19 CFR 351.303.
\18\ See APO and Final Service Rule.
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Final Results of Review
Unless otherwise extended, Commerce intends to issue the final
results of this administrative review, including the results of its
analysis of the issues raised in any written briefs, not later than 120
days after the date of publication of this notice in the Federal
Register, pursuant to section 751(a)(3)(A) of the Act and 19 CFR
351.213(h)(1).
Notification to Importers
This notice serves as a preliminary 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.
Notification to Interested Parties
We are issuing and publishing these preliminary results in
accordance with sections 751(a)(1) and 777(i) of the Act, and 19 CFR
351.213(h) and 351.221(b)(4).
Dated: February 29, 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 I
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Partial Rescission of Administrative Review
V. Discussion of Methodology
VI. Currency Conversion
VII. Recommendation
Appendix II
Companies Rescinded From This Administrative Review
1. Apex International Logistics
2. Aquatec Maxcon Asia
3. Asian Unity Part Co., Ltd.
[[Page 15973]]
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. K Line Logistics
14. Oil Steel Tube (Thailand) Co., Ltd.
15. Otto Ender Steel Structure Co., Ltd.
16. Pacific Pipe and Pump
17. Pacific Pipe Public Company Limited
18. Panalpina World Transport Ltd.
19. Polypipe Engineering Co., Ltd.
20. Schlumberger Overseas S.A.
21. Siam Fittings Co., Ltd.
22. Siam Steel Pipe Co., Ltd.
23. Sino Connections Logistics (Thailand) Co., Ltd.
24. Thai Malleable Iron and Steel
25. Thai Oil Group
26. Thai Oil Pipe Co., Ltd.
27. Vatana Phaisal Engineering Company
28. Visavakit Patana Corp., Ltd.
[FR Doc. 2024-04740 Filed 3-5-24; 8:45 am]
BILLING CODE 3510-DS-P