Notice2021-19010
Steel Propane Cylinders From Thailand: Preliminary Results of Antidumping Duty Administrative Review; 2018-2020
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 2, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) preliminarily determines that Sahamitr Pressure Container Plc. (also known as Sahamitr Pressure Container Public Company Limited) (SMPC) made sales of subject merchandise at less than normal value (NV) during the period of review (POR) December 27, 2018, through July 31, 2020. We invite interested parties to comment on these preliminary results.
Full Text
<html>
<head>
<title>Federal Register, Volume 86 Issue 168 (Thursday, September 2, 2021)</title>
</head>
<body><pre>
[Federal Register Volume 86, Number 168 (Thursday, September 2, 2021)]
[Notices]
[Pages 49295-49297]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-19010]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-549-839]
Steel Propane Cylinders From Thailand: Preliminary Results of
Antidumping Duty Administrative Review; 2018-2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that Sahamitr Pressure Container Plc. (also known as Sahamitr Pressure
Container Public Company Limited) (SMPC) made sales of subject
merchandise at less than normal value (NV) during the period of review
(POR) December 27, 2018, through July 31, 2020. We invite interested
parties to comment on these preliminary results.
DATES: Applicable September 2, 2021.
FOR FURTHER INFORMATION CONTACT: Jolanta Lawska, 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) 482-8362.
SUPPLEMENTARY INFORMATION:
[[Page 49296]]
Background
In accordance with section 751(a)(2) of the Tariff Act of 1930, as
amended (the Act), Commerce is conducting an administrative review of
the antidumping duty (AD) order on steel propane cylinders from
Thailand. On October 6, 2020, in accordance with 19 CFR
251.221(c)(1)(i), we initiated the administrative review of the AD
order on SMPC.\1\ On March 17, 2021, Commerce extended the deadline for
the preliminary results to August 31, 2021.\2\ For a complete
description of the events that followed the initiation of this review,
see the Preliminary Decision Memorandum.\3\
---------------------------------------------------------------------------
\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 85 FR 63081 (October 6, 2020).
\2\ See Memorandum, ``Steel Propane Cylinders from Thailand:
Extension of Time Limit for Preliminary Results of Antidumping Duty
Administrative Review; 2018/2020,'' dated March 17, 2021.
\3\ See Memorandum, ``Issues and Decision Memorandum for the
Preliminary Results of Antidumping Duty Administrative Review: Steel
Propane Cylinders from Thailand; 2018-2020,'' 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 the scope of the order,
see the Preliminary Decision Memorandum.\4\
---------------------------------------------------------------------------
\4\ See Preliminary Decision Memorandum at ``Scope of the
Order.''
---------------------------------------------------------------------------
Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) of the Act. Export price was calculated in accordance with
section 772 of the Act. Normal value was calculated in accordance with
section 773 of the Act. For a full description of the methodology
underlying our conclusions, see the Preliminary Decision Memorandum.
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 <a href="http://access.trade.gov">http://access.trade.gov</a>. In
addition, a complete version of the Preliminary Decision Memorandum can
be accessed directly at <a href="http://enforcement.trade.gov/frn/">http://enforcement.trade.gov/frn/</a>. A list of
topics discussed in the Preliminary Decision Memorandum is attached as
an appendix to this notice.
Preliminary Results of the Review
Commerce preliminarily determines that the following weighted-
average dumping margin exists for the period December 27, 2018, through
July 31, 2020:
------------------------------------------------------------------------
Estimated
weighted-
Exporter/producer average dumping
margin
(percent)
------------------------------------------------------------------------
Sahamitr Pressure Container Plc........................ 14.11
------------------------------------------------------------------------
Assessment Rates
Upon completion of this administrative review, Commerce shall
determine, and CBP shall assess, antidumping duties on all appropriate
entries covered by this review. If an examined respondent's weighted-
average dumping margin is not zero or de minimis 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 an importer's examined sales and the total
entered value of such sales in accordance with 19 CFR 351.212(b)(1).
Where either the respondent's weighted-average dumping margin is zero
or de minimis within the meaning of 19 CFR 351.106(c), or an importer-
specific assessment rate is zero or de minimis, we will instruct CBP to
liquidate the appropriate entries without regard to antidumping duties.
Commerce clarified its ``automatic assessment'' regulation on May
6, 2003.\5\ This clarification applies to entries of subject
merchandise during the POR produced by SMPC for which it did not know
its merchandise was destined for the United States. In such instances,
we will instruct CBP to liquidate unreviewed entries at the all-others
rate if there is no rate for the intermediate company(ies) involved in
the transaction.
---------------------------------------------------------------------------
\5\ For a full discussion of this clarification, see Antidumping
and Countervailing Duty Proceedings: Assessment of Antidumping
Duties, 68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------
We intend to issue assessment instructions to CBP no earlier than
35 days after the date of publication of the final results of this
review in the Federal Register. If a timely summons is filed at the
U.S. Court of International Trade, the assessment instructions will
direct CBP not to liquidate relevant entries until the time for parties
to file a request for a statutory injunction has expired (i.e., within
90 days of publication).
Cash Deposit Requirements
The following cash deposit requirements will be effective for all
shipments of subject merchandise entered, or withdrawn from warehouse,
for consumption on or after 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 the final
results of this review (except, if that rate is de minimis, then the
cash deposit rate will be zero); (2) for previously reviewed or
investigated companies not listed in the final results of this review,
including those for which Commerce may determine had no shipments
during the POR, 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
that was established in the less-than-fair-value investigation.\6\
These 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).
---------------------------------------------------------------------------
Disclosure and Public Comment
We intend to disclose the calculations performed to parties in this
proceeding 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 no later than 30 days after the date of publication of this
notice.\7\. Rebuttal briefs, limited to issues raised in the case
briefs, may be filed not later than seven days after the date for
filing case briefs.\8\ Parties who submit case briefs or rebuttal
briefs in this proceeding are encouraged to submit with each argument:
(1) A statement of the issue; (2) a brief summary of the argument; and
(3) a table of authorities.\9\ Case and rebuttal briefs should be filed
using ACCESS.\10\ Executive summaries should
[[Page 49297]]
be limited to five pages total, including footnotes.
---------------------------------------------------------------------------
\7\ See 19 CFR 351.309(c).
\8\ See 19 CFR 351.309(d); see also Temporary Rule Modifying AD/
CVD Service Requirements Due to COVID-19; Extension of Effective
Period, 85 FR 41363 (July 10, 2020) (Temporary Rule).
\9\ See 19 CFR 351.303 (for general filing requirements).
\10\ See generally 19 CFR 351.303.
---------------------------------------------------------------------------
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
Commerce's electronic records system, 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 by each party in their
respective case brief. If a request for a hearing is made, Commerce
will announce the date and time of the hearing. Parties should confirm
by telephone the date and time of the hearing two days before the
scheduled hearing date.
Note that Commerce has temporarily modified certain of its
requirements for serving documents containing business proprietary
information, until further notice.\11\ An electronically filed document
must be received successfully in its entirety in ACCESS by 5 p.m.
Eastern Time on the due date.
---------------------------------------------------------------------------
\11\ See Temporary Rule.
---------------------------------------------------------------------------
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, unless extended, 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 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)(1) of the Act, and 19
CFR 351.213(h)(1) and 351.221(b)(4).
Dated: August 27, 2021.
Christian Marsh,
Acting 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. Recommendation
[FR Doc. 2021-19010 Filed 9-1-21; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on September 2, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.