Steel Propane Cylinders From Thailand: Preliminary Results of Antidumping Duty Administrative Review; 2022-2023, 74878-74880 [2024-20750]
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74878
Federal Register / Vol. 89, No. 178 / Friday, September 13, 2024 / Notices
255.07 percent),27 unless the company
satisfies the certification requirements
in the Final Circumvention
Determination; 28 (2) for previously
investigated or reviewed Chinese and
non-Chinese exporters who are not
under review in this segment of the
proceeding but who have separate rates,
the cash deposit rate will continue to be
the exporter specific rate published for
the most recent period; (3) for all
Chinese exporters of subject
merchandise that have not been found
to be entitled to a separate rate, the cash
deposit rate will be the China-wide rate
of 255.07 percent; and (4) for all nonChinese exporters of subject
merchandise which have not received
their own rate, the cash deposit rate will
be the rate applicable to Chinese
exporter(s) that supplied that nonChinese exporter, or the rate for the
China-wide entity (i.e., 255.07), if no
alternate rate is available. These deposit
requirements, when imposed, shall
remain in effect until further notice.
Final Results of Review
Unless otherwise extended,
Commerce intends to issue the final
results of this administrative review,
which will include the results of its
analysis of issues raised in any briefs,
within 120 days of publication of these
preliminary results of review, pursuant
to section 751(a)(3)(A) of the Act.
Notification to Importers
This notice also 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 and/or countervailing
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 and/or countervailing
duties occurred and the subsequent
assessment of double antidumping
duties, and/or an increase in the amount
of antidumping duties by the amount of
the countervailing duties.
khammond on DSKJM1Z7X2PROD with NOTICES
Notification to Interested Parties
This determination is issued and
published in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.221(b)(4).
27 See
Final Circumvention Determination.
at Appendix II for the importer and exporter
certifications.
28 Id.
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17:53 Sep 12, 2024
Jkt 262001
Dated: September 6, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
Appendix—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 Interested Party Comments
VI. Analysis of the Sourcing of the Hot Rolled
Steel Hoa Phat Used to Produce LWRPT
Exported to the United States
VII. Certification Program
VIII. Recommendation
[FR Doc. 2024–20772 Filed 9–12–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–549–839]
Steel Propane Cylinders From
Thailand: Preliminary Results 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 Sahamitr Pressure Container
Plc. (also known as Sahamitr Pressure
Container Public Company Limited)
(SMPC) made sales of steel propane
cylinders from Thailand at less than
normal value (NV) during the period of
review (POR), August 1, 2022, through
July 31, 2023. We invite interested
parties to comment on these preliminary
results.
DATES: Applicable September 13, 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 August 15, 2019, Commerce
published the antidumping duty order
on steel propane cylinders from
Thailand.1 On August 2, 2023,
Commerce published in the Federal
Register a notice of opportunity to
1 See Steel Propane Cylinders from the People’s
Republic of China and Thailand: Amended Final
Determination of Sales at Less Than Fair Value and
Antidumping Duty Orders, 84 FR 41703 (August 15,
2019) (Order).
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Fmt 4703
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request an administrative review of the
Order.2 On August 30, 2023, Commerce
received a timely request to conduct an
administrative review of the Order from
SMPC, and on August 31, 2023,
Worthington Industries (the petitioner)
requested a review of SMPC.3 On
October 18, 2023, based on timely
requests for review and in accordance
with section 751(a)(1) of the Tariff Act
of 1930, as amended (the Act) and 19
CFR 351.221(c)(1)(i), Commerce
initiated an administrative review of the
Order.4 Pursuant to section 751(a)(3)(A)
of the Act, Commerce extended the
deadline for the preliminary results
until August 30, 2024.5 On July 22,
2024, Commerce tolled certain
deadlines in this administrative
proceeding by seven days.6 The
deadline for the preliminary results is
now September 6, 2024.
For a detailed description of the
events that followed the initiation of
this review, see the Preliminary
Decision Memorandum.7 A list of the
topics included in the Preliminary
Decision Memorandum is included as
the appendix 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 can be accessed
directly at https://access.trade.gov/
public/FRNoticesListLayout.aspx.
Scope of the Order
The merchandise covered by this
Order is steel propane cylinders from
Thailand. For a complete description of
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 SMPC’s Letter, ‘‘Request for Antidumping
Duty Administrative Review,’’ dated August 30,
2023; see also Petitioner’s Letter, ‘‘Request for
Fourth (2022–2023) Administrative Review of the
Antidumping Duty Order,’’ dated August 31, 2023.
4 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 88 FR
71829, 71835 (October 18, 2023).
5 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of Antidumping Duty
Administrative Review,’’ dated April 3, 2024.
6 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Proceedings,’’ dated July 22, 2024.
7 See Memorandum, ‘‘Decision Memorandum for
Preliminary Results of the Administrative Review of
the Antidumping Duty Order on Steel Propane
Cylinders from Thailand; 2022–2023,’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
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Federal Register / Vol. 89, No. 178 / Friday, September 13, 2024 / Notices
the scope of the Order, see the
Preliminary Decision Memorandum.8
Methodology
Commerce is conducting this review
in accordance with section 751(a) of the
Act. Export price was calculated in
accordance with section 772 of the Act.
NV was calculated in accordance with
section 773 of the Act. For a full
description of the methodology
underlying these preliminary results,
see the Preliminary Decision
Memorandum.
Preliminary Results of the Review
We preliminarily determine that the
following estimated weighted-average
dumping margin exists for the period
August 1, 2022, through July 31, 2023:
Exporter/producer
Weightedaverage
dumping
margin
(percent)
Sahamitr Pressure Container Plc
3.18
Disclosure and Public Comment
khammond on DSKJM1Z7X2PROD with NOTICES
We intend to disclose the calculations
used for these preliminary results to
interested parties within five days of the
date of publication of this notice in
accordance with 19 CFR 351.224(b).
Interested parties may submit case briefs
not later than seven days after the date
on which the verification report is
issued in this administrative review.9
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.10 Interested parties who
submit case briefs or rebuttal briefs in
this proceeding must submit: (1) a table
of contents listing each issue; and (2) a
table of authorities.11
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.12 Further, we
8 See Preliminary Decision Memorandum at
‘‘Scope of the Order.’’
9 See 19 CFR 351.309(c)(1)(ii); see also 19 CFR
351.303 (for general filing requirements).
10 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
Service Procedures).
11 See 19 CFR 351.309(c)(2) and (d)(2).
12 We use the term ‘‘issue’’ here to describe an
argument that Commerce would normally address
VerDate Sep<11>2014
17:53 Sep 12, 2024
Jkt 262001
request that interested parties limit their
public executive summary of each issue
to no more than 450 words, not
including citations. We intend to use
the public executive summaries as the
basis of the comment summaries
included in the issues and decision
memorandum that will accompany the
final determination in this investigation.
We request that interested parties
include footnotes for relevant citations
in the public executive summary of each
issue. Note that Commerce has amended
certain of its requirements pertaining to
the service of documents in 19 CFR
351.303(f).13
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, limited to issues raised in the
case and rebuttal briefs, must submit a
written request to the Assistant
Secretary for Enforcement and
Compliance, U.S. Department of
Commerce, filed electronically, using
ACCESS. within 30 days after the date
of publication of this notice in the
Federal Register. Hearing requests
should contain: (1) the party’s name,
address and telephone number; (2) the
number of participants; (3) whether any
participant is a foreign national; and (4)
a list of issues to be discussed. Issues
raised in the hearing will be limited to
those raised by each party in their
respective case and rebuttal briefs. An
electronically filed request must be
received successfully in its entirety by
ACCESS by 5:00 p.m. Eastern Time,
within 30 days of the publication date
of this notice. If a request for a hearing
is made, parties will be notified of the
time and date of the hearing.14
Final Results of Review
Unless the deadline is extended
pursuant to section 751(a)(3)(A) of the
Act and 19 CFR 351.213(h)(2),
Commerce intends to issue the final
results of this administrative review,
including the results of our analysis of
the issues raised in any case briefs, not
later than 120 days after the date of
publication of this notice.
Assessment Rates
Pursuant to section 751(a)(2)(A) of the
Act and 19 CFR 351.212(b)(1),
Commerce will determine, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries of subject
merchandise in accordance with the
final results of this review. Commerce
intends to issue assessment instructions
in a comment of the Issues and Decision
Memorandum.
13 See APO and Service Procedures.
14 See 19 CFR 351.310(d).
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Fmt 4703
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74879
to CBP no earlier than 35 days after the
date of publication of the final results of
this administrative 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).
If SMPC’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, Commerce
intends to calculate importer-specific
assessment rates on the basis of the ratio
of the total amount of dumping
calculated for each importer’s examined
sales to the total entered value of those
sales. Where we do not have entered
values for all U.S. sales to a particular
importer, we will calculate an importerspecific, per-unit assessment rate on the
basis of the ratio of the total amount of
dumping calculated for the importer’s
examined sales to the total quantity of
those sales.15 To determine whether an
importer-specific, per-unit assessment
rate is de minimis, in accordance with
19 CFR 351.106(c)(2), we also will
calculate an importer-specific ad
valorem ratio based on estimated
entered values. If SMPC’s weightedaverage dumping margin is zero or de
minimis or where an importer-specific
ad valorem assessment rate is zero or de
minimis, we will instruct CBP to
liquidate appropriate entries without
regard to antidumping duties.16
In accordance with Commerce’s
‘‘automatic assessment’’ practice, for
entries of subject merchandise during
the POR produced by SMPC for which
it did not know that the merchandise
was destined for the United States, we
intend to instruct CBP to liquidate those
entries at the all-others rate in the
original less-than-fair-value (LTFV)
investigation (i.e., 10.77 percent) 17 if
there is no rate for the intermediate
company(ies) involved in the
transaction.18
Cash Deposit Requirements
The following cash deposit
requirements will be effective for all
shipments of the subject merchandise
15 See
19 CFR 351.212(b)(1).
19 CFR 351.106(c)(2); see also
Antidumping Proceeding: Calculation of the
Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings; Final Modification, 77 FR 8101, 8103
(February 14, 2012).
17 See Order, 84 FR at 41704.
18 For a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
16 See
E:\FR\FM\13SEN1.SGM
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74880
Federal Register / Vol. 89, No. 178 / Friday, September 13, 2024 / Notices
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
company-specific cash deposit rate for
SMPC will be equal to the weightedaverage dumping margin established in
the final results of this administrative
review, except if the rate is 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 reviewed or investigated
companies not listed above, the cash
deposit rate will continue to be the
company-specific 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 in the LTFV investigation but
the producer is, 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) the cash deposit
rate for all other producers or exporters
will continue to be the all-others rate of
10.77 percent, the rate established in the
LTFV investigation of this proceeding.19
These cash deposit requirements, when
imposed, shall remain in effect until
further notice.
Notification to Importers
This notice also 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 doubled antidumping duties.
Notification to Interested Parties
We are issuing and publishing these
preliminary results of review in
accordance with sections 751(a)(1) and
777(i) of the Act, and 19 CFR
351.213(h)(2) and 19 CFR 351.221(b)(4).
khammond on DSKJM1Z7X2PROD with NOTICES
Dated: September 6, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
19 See
Order, 84 FR at 41704.
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17:53 Sep 12, 2024
Jkt 262001
III. Scope of the Order
IV. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation
[FR Doc. 2024–20750 Filed 9–12–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–902]
Utility Scale Wind Towers From the
Republic of Korea: Preliminary Results
and Rescission of Review, 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
determines that sales of utility scale
wind towers (wind towers) from the
Republic of Korea (Korea) were not
made at less than normal value (NV)
during the period of review (POR)
August 1, 2022, through July 31, 2023.
Additionally, Commerce is rescinding
this administrative review, in part, with
respect to certain companies that had no
entries of subject merchandise during
the POR. Interested parties are invited to
comment on these preliminary results.
DATES: Applicable September 13, 2024.
FOR FURTHER INFORMATION CONTACT:
Adam Simons, AD/CVD Operations,
Office IX, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–6172.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On August 26, 2020, Commerce
published the antidumping duty order
on utility scale wind towers (wind
towers) from the Republic of Korea
(Korea) in the Federal Register.1 On
October 18, 2023, based on timely
requests for review, in accordance with
19 CFR 351.221(c)(1)(i), we initiated an
administrative review of the Order on
wind towers from Korea.2 This review
covers 16 producers/exporters of the
subject merchandise. In April 2024, we
extended the deadline for issuing the
preliminary results of this review until
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, 52547 (August 26, 2020) (Order).
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 88 FR
71829 (October 18, 2023) (Initiation Notice).
PO 00000
Frm 00014
Fmt 4703
Sfmt 4703
August 30, 2024.3 On July 22, 2024,
Commerce tolled certain deadlines in
this administrative proceeding by seven
days.4 The deadline for the preliminary
results is now September 6, 2024. For a
complete description of the events that
followed the initiation of this review,
see the Preliminary Decision
Memorandum.5
Scope of the Order
The merchandise subject to the Order
is wind towers from Korea. For a full
description of the scope of the Order,
see the Preliminary Decision
Memorandum.
Partial Rescission of Administrative
Review
Pursuant to 19 CFR 351.213(d)(3),
Commerce will rescind an
administrative review when there are no
reviewable entries of subject
merchandise during the POR for which
liquidation is suspended.6 Normally,
upon completion of an administrative
review, the suspended entries are
liquidated at the antidumping duty
assessment rate calculated for the
review period.7 Therefore, for an
administrative review to be conducted,
there must be a suspended entry that
Commerce can instruct CBP to liquidate
at the antidumping duty assessment rate
calculated for the POR.8
On December 20, 2023, we notified all
interested parties of our intent to
rescind this review, in part, with respect
to the 15 companies listed in Appendix
II because there were no suspended
entries of subject merchandise produced
or exported by these companies during
the POR and we invited interested
parties to comment.9 We received no
3 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of Antidumping Duty
Administrative Review,’’ dated April 12, 2024.
4 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Proceedings,’’ dated July 22, 2024.
5 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the Administrative
Review of the Antidumping Duty Order on Utility
Scale Wind Towers from Korea; 2022–2023,’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
6 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 4157
(January 24, 2023).
7 See 19 CFR 351.212(b)(1).
8 See 19 CFR 351.213(d)(3).
9 See Memorandum, ‘‘Notice of Intent to Rescind
Review, in Part,’’ dated December 20, 2023 (Intent
to Rescind Memorandum). We note that this
memorandum incorrectly listed ‘‘Renewable
Energy’’ as one of the companies for which
Commerce intended to rescind this review.
However, Commerce did not initiate a review with
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Agencies
[Federal Register Volume 89, Number 178 (Friday, September 13, 2024)]
[Notices]
[Pages 74878-74880]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-20750]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-549-839]
Steel Propane Cylinders From Thailand: Preliminary Results 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 Sahamitr Pressure Container Plc. (also known as Sahamitr Pressure
Container Public Company Limited) (SMPC) made sales of steel propane
cylinders from Thailand at less than normal value (NV) during the
period of review (POR), August 1, 2022, through July 31, 2023. We
invite interested parties to comment on these preliminary results.
DATES: Applicable September 13, 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 August 15, 2019, Commerce published the antidumping duty order
on steel propane cylinders from Thailand.\1\ On August 2, 2023,
Commerce published in the Federal Register a notice of opportunity to
request an administrative review of the Order.\2\ On August 30, 2023,
Commerce received a timely request to conduct an administrative review
of the Order from SMPC, and on August 31, 2023, Worthington Industries
(the petitioner) requested a review of SMPC.\3\ On October 18, 2023,
based on timely requests for review and in accordance with section
751(a)(1) of the Tariff Act of 1930, as amended (the Act) and 19 CFR
351.221(c)(1)(i), Commerce initiated an administrative review of the
Order.\4\ Pursuant to section 751(a)(3)(A) of the Act, Commerce
extended the deadline for the preliminary results until August 30,
2024.\5\ On July 22, 2024, Commerce tolled certain deadlines in this
administrative proceeding by seven days.\6\ The deadline for the
preliminary results is now September 6, 2024.
---------------------------------------------------------------------------
\1\ 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).
\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 SMPC's Letter, ``Request for Antidumping Duty
Administrative Review,'' dated August 30, 2023; see also
Petitioner's Letter, ``Request for Fourth (2022-2023) Administrative
Review of the Antidumping Duty Order,'' dated August 31, 2023.
\4\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 71829, 71835 (October 18, 2023).
\5\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated April 3,
2024.
\6\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
---------------------------------------------------------------------------
For a detailed description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\7\
A list of the topics included in the Preliminary Decision Memorandum is
included as the appendix 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 can be accessed directly
at https://access.trade.gov/public/FRNoticesListLayout.aspx.
---------------------------------------------------------------------------
\7\ See Memorandum, ``Decision Memorandum for Preliminary
Results of the Administrative Review of the Antidumping Duty Order
on Steel Propane Cylinders from Thailand; 2022-2023,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The merchandise covered by this Order is steel propane cylinders
from Thailand. For a complete description of
[[Page 74879]]
the scope of the Order, see the Preliminary Decision Memorandum.\8\
---------------------------------------------------------------------------
\8\ See Preliminary Decision Memorandum at ``Scope of the
Order.''
---------------------------------------------------------------------------
Methodology
Commerce is conducting this review in accordance with section
751(a) of the Act. Export price was calculated in accordance with
section 772 of the Act. NV was calculated in accordance with section
773 of the Act. For a full description of the methodology underlying
these preliminary results, see the Preliminary Decision Memorandum.
Preliminary Results of the Review
We preliminarily determine that the following estimated weighted-
average dumping margin exists for the period August 1, 2022, through
July 31, 2023:
------------------------------------------------------------------------
Weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
Sahamitr Pressure Container Plc............................ 3.18
------------------------------------------------------------------------
Disclosure and Public Comment
We intend to disclose the calculations used for these preliminary
results to interested parties within five days of the date of
publication of this notice in accordance with 19 CFR 351.224(b).
Interested parties may submit case briefs not later than seven days
after the date on which the verification report is issued in this
administrative review.\9\ 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.\10\ Interested parties who submit case briefs
or rebuttal briefs in this proceeding must submit: (1) a table of
contents listing each issue; and (2) a table of authorities.\11\
---------------------------------------------------------------------------
\9\ See 19 CFR 351.309(c)(1)(ii); see also 19 CFR 351.303 (for
general filing requirements).
\10\ 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 Service Procedures).
\11\ See 19 CFR 351.309(c)(2) and (d)(2).
---------------------------------------------------------------------------
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.\12\ Further,
we request that interested parties limit their public executive summary
of each issue to no more than 450 words, not including citations. We
intend to use the public executive summaries as the basis of the
comment summaries included in the issues and decision memorandum that
will accompany the final determination in this investigation. We
request that interested parties include footnotes for relevant
citations in the public executive summary of each issue. Note that
Commerce has amended certain of its requirements pertaining to the
service of documents in 19 CFR 351.303(f).\13\
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\12\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\13\ See APO and Service Procedures.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce, filed
electronically, using ACCESS. within 30 days after the date of
publication of this notice in the Federal Register. Hearing requests
should contain: (1) the party's name, address and telephone number; (2)
the number of participants; (3) whether any participant is a foreign
national; and (4) a list of issues to be discussed. Issues raised in
the hearing will be limited to those raised by each party in their
respective case and rebuttal briefs. An electronically filed request
must be received successfully in its entirety by ACCESS by 5:00 p.m.
Eastern Time, within 30 days of the publication date of this notice. If
a request for a hearing is made, parties will be notified of the time
and date of the hearing.\14\
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\14\ See 19 CFR 351.310(d).
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Final Results of Review
Unless the deadline is extended pursuant to section 751(a)(3)(A) of
the Act and 19 CFR 351.213(h)(2), Commerce intends to issue the final
results of this administrative review, including the results of our
analysis of the issues raised in any case briefs, not later than 120
days after the date of publication of this notice.
Assessment Rates
Pursuant to section 751(a)(2)(A) of the Act and 19 CFR
351.212(b)(1), Commerce will determine, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries of subject merchandise in accordance with the final results of
this review. Commerce intends to issue assessment instructions to CBP
no earlier than 35 days after the date of publication of the final
results of this administrative 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).
If SMPC'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,
Commerce intends to calculate importer-specific assessment rates on the
basis of the ratio of the total amount of dumping calculated for each
importer's examined sales to the total entered value of those sales.
Where we do not have entered values for all U.S. sales to a particular
importer, we will calculate an importer-specific, per-unit assessment
rate on the basis of the ratio of the total amount of dumping
calculated for the importer's examined sales to the total quantity of
those sales.\15\ To determine whether an importer-specific, per-unit
assessment rate is de minimis, in accordance with 19 CFR 351.106(c)(2),
we also will calculate an importer-specific ad valorem ratio based on
estimated entered values. If SMPC's weighted-average dumping margin is
zero or de minimis or where an importer-specific ad valorem assessment
rate is zero or de minimis, we will instruct CBP to liquidate
appropriate entries without regard to antidumping duties.\16\
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\15\ See 19 CFR 351.212(b)(1).
\16\ See 19 CFR 351.106(c)(2); see also Antidumping Proceeding:
Calculation of the Weighted-Average Dumping Margin and Assessment
Rate in Certain Antidumping Proceedings; Final Modification, 77 FR
8101, 8103 (February 14, 2012).
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In accordance with Commerce's ``automatic assessment'' practice,
for entries of subject merchandise during the POR produced by SMPC for
which it did not know that the merchandise was destined for the United
States, we intend to instruct CBP to liquidate those entries at the
all-others rate in the original less-than-fair-value (LTFV)
investigation (i.e., 10.77 percent) \17\ if there is no rate for the
intermediate company(ies) involved in the transaction.\18\
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\17\ See Order, 84 FR at 41704.
\18\ 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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Cash Deposit Requirements
The following cash deposit requirements will be effective for all
shipments of the subject merchandise
[[Page 74880]]
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 company-specific
cash deposit rate for SMPC will be equal to the weighted-average
dumping margin established in the final results of this administrative
review, except if the rate is 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 reviewed or investigated companies not listed above, the
cash deposit rate will continue to be the company-specific 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 in the LTFV investigation
but the producer is, 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) the cash deposit rate for all
other producers or exporters will continue to be the all-others rate of
10.77 percent, the rate established in the LTFV investigation of this
proceeding.\19\ These cash deposit requirements, when imposed, shall
remain in effect until further notice.
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\19\ See Order, 84 FR at 41704.
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Notification to Importers
This notice also 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 doubled antidumping duties.
Notification to Interested Parties
We are issuing and publishing these preliminary results of review
in accordance with sections 751(a)(1) and 777(i) of the Act, and 19 CFR
351.213(h)(2) and 19 CFR 351.221(b)(4).
Dated: September 6, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation
[FR Doc. 2024-20750 Filed 9-12-24; 8:45 am]
BILLING CODE 3510-DS-P