Steel Propane Cylinders From Thailand: Amended Final Results of Antidumping Duty Administrative Review; 2021-2022, 22123-22124 [2024-06672]
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Federal Register / Vol. 89, No. 62 / Friday, March 29, 2024 / Notices
Dated: March 22, 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.
[FR Doc. 2024–06684 Filed 3–28–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–549–839]
Steel Propane Cylinders From
Thailand: Amended 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) is amending the
final results of the administrative review
of the antidumping duty order on steel
propane cylinders from Thailand to
correct one ministerial error. The period
of review (POR) is August 1, 2021,
through July 31, 2022.
DATES: Applicable March 29, 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
khammond on DSKJM1Z7X2PROD with NOTICES
On February 23, 2024, Commerce
published the final results of the 2021–
2022 administrative review of the
antidumping duty order on steel
propane cylinders from Thailand.1 On
February 29, 2024, Sahamitr Pressure
Container Public Company Limited
(SMPC), the sole respondent in this
administrative review, timely alleged
that Commerce made a ministerial error
in the Final Results.2 Commerce is
amending its Final Results to correct for
the ministerial error alleged by SMPC.
No other party made a ministerial error
allegation or provided rebuttal
1 See Steel Propane Cylinders from Thailand:
Final Results of Antidumping Duty Administrative
Review; 2021–2022, 89 FR 13690 (February 23,
2024) (Final Results), and accompanying Issues and
Decision Memorandum; see also Memorandum,
‘‘Deadline for Ministerial Error Comments for the
Final Results,’’ dated February 22, 2024.
2 See SMPC’s Letter, ‘‘Request for the Correction
of a Ministerial Error Contained in the Final Results
of Review,’’ dated February 29, 2024.
VerDate Sep<11>2014
16:49 Mar 28, 2024
Jkt 262001
comments in response to SMPC’s
ministerial error allegation.
Legal Framework
A ‘‘ministerial error’’ is defined as
including ‘‘errors in addition,
subtraction, or other arithmetic
function, clerical errors resulting from
inaccurate copying, duplication, or the
like, and any other type of unintentional
error which the {Commerce} considers
ministerial.’’ 3 Pursuant to 19 CFR
351.224(e), Commerce will analyze any
comments received and, if appropriate,
correct any ministerial error by
amending the final results of review.
Ministerial Error
In the Final Results, Commerce made
an inadvertent error within the meaning
of section 751(h) of the Tariff Act of
1930, as amended (the Act) and 19 CFR
351.224(f) with respect to the selection
of sales databases used in SMPC’s
margin analysis. Accordingly, pursuant
to 19 CFR 351.224(e), Commerce is
amending the Final Results to correct
for this ministerial error.4 For a
complete description and analysis of the
specific inadvertent error, and SMPC’s
ministerial error allegation, see the
accompanying Ministerial Error
Allegation Memorandum.5 The
Ministerial Error Allegation
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.
Amended Final Results of Review
As a result of correcting this
ministerial error, Commerce determines
that, for the POR August 1, 2021,
through July 31, 2022, the following
weighted-average dumping margin
exists:
Exporter/producer
Weightedaverage
dumping
margin
(percent)
Sahamitr Pressure Container Plc
2.15
Disclosure
We intend to disclose the calculations
performed for these amended final
results to parties in this review, under
3 See
section 751(h) of the Act; see also 19 CFR
351.224(f).
4 See Memorandum, ‘‘Antidumping Duty
Administrative Review of Steel Propane Cylinders
from Thailand (2021–2022): Ministerial Error
Allegation,’’ dated concurrently with this notice
(Ministerial Error Allegation Memorandum).
5 Id.
PO 00000
Frm 00008
Fmt 4703
Sfmt 4703
22123
administrative protective order (APO),
within five days of the date of
publication of this notice in the Federal
Register, in accordance with 19 CFR
351.224(b).
Assessment Rate
Pursuant to section 751(a)(2)(C) of the
Act and 19 CFR 351.212(b)(1),
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
amended final results of the
administrative 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 the entered value in order
to calculate the assessment rate. Where
either the respondent’s weightedaverage dumping margin is zero or de
minimis within the meaning of 19 CFR
351.106(c)(1), or an importer-specific
rate is zero or de minimis, we will
instruct CBP to liquidate the appropriate
entries without regard to antidumping
duties.
Commerce’s ‘‘automatic assessment’’
will apply to entries of subject
merchandise during the POR produced
by SMPC for which it 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.
Commerce intends to issue
assessment instructions to CBP no
earlier than 35 days after the date of
publication of the amended 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 will be effective
retroactively for all shipments of subject
merchandise that entered, or were
withdrawn from warehouse, for
consumption on or after February 23,
E:\FR\FM\29MRN1.SGM
29MRN1
22124
Federal Register / Vol. 89, No. 62 / Friday, March 29, 2024 / Notices
2024, the date of publication of the
Final Results of this administrative
review, as provided for 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
established in these amended final
results of review; (2) for producers or
exporters not covered in this review but
covered in a prior segment of the
proceeding, the cash deposit rate will
continue to be the company-specific rate
published for the most recently
completed segment of this proceeding;
(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 rate established for the most
recently completed segment of this
proceeding for the producer of the
merchandise; and (4) if neither the
exporter nor the producer is a firm
covered in this or any previously
completed segment of this proceeding,
then the cash deposit rate will be the
all-others rate of 10.77 percent
established in the less-than-fair-value
investigation.6 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 this POR.
Failure to comply with this requirement
could result in the Commerce’s
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of double
antidumping duties.
khammond on DSKJM1Z7X2PROD with NOTICES
Administrative Protective Order
This notice also serves as a reminder
to parties subject to an APO of their
responsibility concerning the
disposition 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 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.
6 See Steel Propane Cylinders from Thailand:
Final Determination of Sales at Less Than Fair
Value, 84 FR 29168, 29169 (June 21, 2019).
VerDate Sep<11>2014
16:49 Mar 28, 2024
Jkt 262001
Notification to Interested Parties
The amended final results and notice
are issued and published in accordance
with sections 751(h) and 777(i) of the
Act and 19 CFR 351.224(e).
Dated: March 22, 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.
[FR Doc. 2024–06672 Filed 3–28–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–201–859]
Mattresses From Mexico:
Postponement of Final Determination
of Sales at Less Than Fair Value
Investigation
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) is postponing
the deadline for issuing the final
determination in the less-than-fair-value
(LTFV) investigation of mattresses from
Mexico until July 15, 2024, and is
extending the provisional measures
from a four-month period to a period of
not more than six months.
DATES: Applicable March 29, 2024.
FOR FURTHER INFORMATION CONTACT:
Dakota Potts or Benjamin Blythe, AD/
CVD Operations, Office IV, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–0223 or (202) 482–3457,
respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On August 23, 2023, Commerce
initiated an LTFV investigation of
imports of mattresses from Mexico.1 The
period of investigation is July 1, 2022,
through June 30, 2023. On March 1,
2024, Commerce published its
preliminary determination in this LTFV
investigation of mattresses from
Mexico.2
1 See Mattresses from Bosnia and Herzegovina,
Bulgaria, Burma, India, Italy, Kosovo, Mexico, the
Philippines, Poland, Slovenia, Spain, and Taiwan:
Initiation of Less-Than-Fair-Value Investigations, 88
FR 57433 (August 23, 2023) (Initiation Notice).
2 See Mattresses from Mexico: Preliminary
Affirmative Determination of Sales at Less Than
Fair Value, 89 FR 15152 (March 1, 2024)
(Preliminary Determination).
PO 00000
Frm 00009
Fmt 4703
Sfmt 4703
Postponement of Final Determination
and Extension of Provisional Measures
Section 735(a)(2) of the Tariff Act of
1930, as amended (the Act), and 19 CFR
351.210(b)(2) provide that a final
determination may be postponed until
not later than 135 days after the date of
the publication of the preliminary
determination if, in the event of an
affirmative preliminary determination, a
request for such postponement is made
by an exporter or producer who
accounts for a significant proportion of
exports of the subject merchandise, or in
the event of a negative preliminary
determination, a request for such
postponement is made by the
petitioners. Further, 19 CFR
351.210(e)(2) requires that such
postponement requests by exporters be
accompanied by a request for extension
of provisional measures from a fourmonth period to a period not more than
six months, in accordance with section
733(d) of the Act.
On March 13, 2024, Ureblock S.A. de
C.V. (Ureblock), a mandatory
respondent in this investigation,
requested that Commerce postpone the
deadline for the final determination
pursuant to 19 CFR 351.210(b)(2)(ii) and
(e) and extend the application of the
provisional measures from a four-month
period to a period of not more than six
months.3 In accordance with section
735(a)(2)(A) of the Act and 19 CFR
351.210(b)(2)(ii), because: (1) the
preliminary determination was
affirmative; (2) the request for
postponement was made by an exporter
and producer who accounts for a
significant proportion of exports of the
subject merchandise; and (3) no
compelling reasons for denial exist,
Commerce is postponing the final
determination until no later than 135
days after the date of publication of the
Preliminary Determination, and
extending the provisional measures
from a four-month period to a period of
not more than six months. Accordingly,
Commerce will issue its final
determination no later than July 15,
2024.4
3 See Ureblock’s Letter, ‘‘Ureblock’s Request to
Extend Final Determination in the Less-Than-FairValue Investigation of Mattresses from Mexico,’’
dated March 13, 2024.
4 Postponing the final determination to 135 days
after the publication of the Preliminary
Determination would place the deadline on
Sunday, July 14, 2024. Commerce’s practice dictates
that where a deadline falls on a weekend or federal
holiday, the appropriate deadline is the next
business day. See Notice of Clarification:
Application of ‘‘Next Business Day’’ Rule for
Administrative Determination Deadlines Pursuant
to the Tariff Act of 1930, As Amended, 70 FR 24533
(May 10, 2005).
E:\FR\FM\29MRN1.SGM
29MRN1
]]>Agencies
[Federal Register Volume 89, Number 62 (Friday, March 29, 2024)]
[Notices]
[Pages 22123-22124]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-06672]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-549-839]
Steel Propane Cylinders From Thailand: Amended 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) is amending the
final results of the administrative review of the antidumping duty
order on steel propane cylinders from Thailand to correct one
ministerial error. The period of review (POR) is August 1, 2021,
through July 31, 2022.
DATES: Applicable March 29, 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 February 23, 2024, Commerce published the final results of the
2021-2022 administrative review of the antidumping duty order on steel
propane cylinders from Thailand.\1\ On February 29, 2024, Sahamitr
Pressure Container Public Company Limited (SMPC), the sole respondent
in this administrative review, timely alleged that Commerce made a
ministerial error in the Final Results.\2\ Commerce is amending its
Final Results to correct for the ministerial error alleged by SMPC. No
other party made a ministerial error allegation or provided rebuttal
comments in response to SMPC's ministerial error allegation.
---------------------------------------------------------------------------
\1\ See Steel Propane Cylinders from Thailand: Final Results of
Antidumping Duty Administrative Review; 2021-2022, 89 FR 13690
(February 23, 2024) (Final Results), and accompanying Issues and
Decision Memorandum; see also Memorandum, ``Deadline for Ministerial
Error Comments for the Final Results,'' dated February 22, 2024.
\2\ See SMPC's Letter, ``Request for the Correction of a
Ministerial Error Contained in the Final Results of Review,'' dated
February 29, 2024.
---------------------------------------------------------------------------
Legal Framework
A ``ministerial error'' is defined as including ``errors in
addition, subtraction, or other arithmetic function, clerical errors
resulting from inaccurate copying, duplication, or the like, and any
other type of unintentional error which the {Commerce{time} considers
ministerial.'' \3\ Pursuant to 19 CFR 351.224(e), Commerce will analyze
any comments received and, if appropriate, correct any ministerial
error by amending the final results of review.
---------------------------------------------------------------------------
\3\ See section 751(h) of the Act; see also 19 CFR 351.224(f).
---------------------------------------------------------------------------
Ministerial Error
In the Final Results, Commerce made an inadvertent error within the
meaning of section 751(h) of the Tariff Act of 1930, as amended (the
Act) and 19 CFR 351.224(f) with respect to the selection of sales
databases used in SMPC's margin analysis. Accordingly, pursuant to 19
CFR 351.224(e), Commerce is amending the Final Results to correct for
this ministerial error.\4\ For a complete description and analysis of
the specific inadvertent error, and SMPC's ministerial error
allegation, see the accompanying Ministerial Error Allegation
Memorandum.\5\ The Ministerial Error Allegation 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.
---------------------------------------------------------------------------
\4\ See Memorandum, ``Antidumping Duty Administrative Review of
Steel Propane Cylinders from Thailand (2021-2022): Ministerial Error
Allegation,'' dated concurrently with this notice (Ministerial Error
Allegation Memorandum).
\5\ Id.
---------------------------------------------------------------------------
Amended Final Results of Review
As a result of correcting this ministerial error, Commerce
determines that, for the POR August 1, 2021, through July 31, 2022, the
following weighted-average dumping margin exists:
------------------------------------------------------------------------
Weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
Sahamitr Pressure Container Plc............................ 2.15
------------------------------------------------------------------------
Disclosure
We intend to disclose the calculations performed for these amended
final results to parties in this review, under administrative
protective order (APO), within five days of the date of publication of
this notice in the Federal Register, in accordance with 19 CFR
351.224(b).
Assessment Rate
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(1), 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 amended final
results of the administrative 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 the entered value in order
to calculate the assessment rate. Where either 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 rate is zero
or de minimis, we will instruct CBP to liquidate the appropriate
entries without regard to antidumping duties.
Commerce's ``automatic assessment'' will apply to entries of
subject merchandise during the POR produced by SMPC for which it 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.
Commerce intends to issue assessment instructions to CBP no earlier
than 35 days after the date of publication of the amended 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 will be effective
retroactively for all shipments of subject merchandise that entered, or
were withdrawn from warehouse, for consumption on or after February 23,
[[Page 22124]]
2024, the date of publication of the Final Results of this
administrative review, as provided for 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 established in these amended final results of
review; (2) for producers or exporters not covered in this review but
covered in a prior segment of the proceeding, the cash deposit rate
will continue to be the company-specific rate published for the most
recently completed segment of this proceeding; (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
rate established for the most recently completed segment of this
proceeding for the producer of the merchandise; and (4) if neither the
exporter nor the producer is a firm covered in this or any previously
completed segment of this proceeding, then the cash deposit rate will
be the all-others rate of 10.77 percent established in the less-than-
fair-value investigation.\6\ These cash deposit requirements, when
imposed, shall remain in effect until further notice.
---------------------------------------------------------------------------
\6\ See Steel Propane Cylinders from Thailand: Final
Determination of Sales at Less Than Fair Value, 84 FR 29168, 29169
(June 21, 2019).
---------------------------------------------------------------------------
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 this POR. Failure to comply with this
requirement could result in the 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 APO
of their responsibility concerning the disposition 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 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
The amended final results and notice are issued and published in
accordance with sections 751(h) and 777(i) of the Act and 19 CFR
351.224(e).
Dated: March 22, 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.
[FR Doc. 2024-06672 Filed 3-28-24; 8:45 am]
BILLING CODE 3510-DS-P
