Notice2021-26573
Circular Welded Carbon Steel Pipes and Tubes From Thailand: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2019-2020
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
December 8, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) determines that circular welded carbon steel pipes and tubes from Thailand were sold at less than normal value during the period of review (POR) March 1, 2019, through February 29, 2020.
Full Text
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<title>Federal Register, Volume 86 Issue 233 (Wednesday, December 8, 2021)</title>
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[Federal Register Volume 86, Number 233 (Wednesday, December 8, 2021)]
[Notices]
[Pages 69620-69622]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-26573]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-549-502]
Circular Welded Carbon Steel Pipes and Tubes From Thailand: Final
Results of Antidumping Duty Administrative Review and Final
Determination of No Shipments; 2019-2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that circular
welded carbon steel pipes and tubes from Thailand were sold at less
than normal value during the period of review (POR) March 1, 2019,
through February 29, 2020.
DATES: Applicable December 8, 2021.
FOR FURTHER INFORMATION CONTACT: 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) 482-0410.
SUPPLEMENTARY INFORMATION:
Background
On June 8, 2021, Commerce published the preliminary results of the
2019-2020 administrative review of the antidumping duty order on
circular welded carbon steel pipes and tubes from Thailand.\1\ The
review covers 29 producers and/or exporters of subject merchandise. We
invited interested parties to comment on the Preliminary Results. A
full description of the events since the Preliminary Results is
contained in the Issues and Decision Memorandum.\2\ Commerce conducted
this review in accordance with section 751(a) of the Tariff Act of
1930, as amended (the Act).
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\1\ See Circular Welded Carbon Steel Pipes and Tubes from
Thailand: Preliminary Results of Antidumping Duty Administrative
Review and Preliminary Determination of No Shipments; 2019-2020, 86
FR 30405 (June 8, 2021) (Preliminary Results), and accompanying
Preliminary Decision Memorandum.
\2\ See Memorandum, ``Circular Welded Carbon Steel Pipes and
Tubes from Thailand: Issues and Decision Memorandum for the Final
Results of Antidumping Duty Administrative Review and Final No
Shipment Determination, In Part; 2019-2020,'' dated concurrently
with, and hereby adopted by, this notice (Issues and Decision
Memorandum).
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Scope of the Order <SUP>3</SUP>
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\3\ See Antidumping Duty Order; Circular Welded Carbon Steel
Pipes and Tubes from Thailand, 51 FR 8341 (March 11, 1986) (Order).
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The products covered by the antidumping duty Order are circular
welded carbon steel pipes and tubes. A full description of the scope of
the Order is contained in the Issues and Decision Memorandum.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs are listed in the
appendix to this notice and addressed in the Issues and Decision
Memorandum. The Issues and Decision Memorandum is a public document and
is on file electronically via Enforcement and Compliance's Antidumping
and Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users at <a href="https://access.trade.gov">https://access.trade.gov</a>. In
addition, a
[[Page 69621]]
complete version of the Issues and Decision Memorandum can be accessed
directly at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Final Determination of No Shipments
We preliminarily found that Blue Pipe Steel Center (Blue Pipe) and
K Line Logistics (Thailand) Ltd. (K-Line) each had no shipments of
subject merchandise during the POR.\4\ Based on the comments received,
we continue to find that Blue Pipe had no shipments.\5\ Moreover, no
party commented on the Preliminary Results regarding the no-shipments
decision with respect to K-Line. Therefore, for these final results, we
continue to find that each of these companies had no shipments of
subject merchandise during the POR and will issue appropriate
instructions to U.S. Customs and Border Protection (CBP) based on these
final results.
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\4\ See Preliminary Results, 86 FR 30406.
\5\ See Issues and Decision Memorandum at comment 1.
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Changes Since the Preliminary Results
Based on a review of the record and comments received from
interested parties regarding our Preliminary Results, and for the
reasons explained in the Issues and Decision Memorandum, we made
revisions to our calculations in the Preliminary Results of the
weighted-average dumping margin for the mandatory respondent, Saha Thai
Steel Pipe Public Co., Ltd., also known as Saha Thai Steel Pipe
(Public) Co., Ltd. (collectively, Saha Thai), and the weighted-average
dumping margin assigned to the non-examined companies.
Rate for Non-Examined Companies
In the Preliminary Results, we determined the weighted-average
dumping margin for Saha Thai that is not zero, de minimis or based
entirely on facts available. For the other mandatory respondent, Blue
Pipe, we determined that Blue Pipe had no shipments during the POR and
accordingly we did not determine a weighted-average dumping margin for
Blue Pipe for these final results. Following the guidelines for
calculating the ``all-others'' rate in a less-than-fair-value
investigation, we accordingly determined that the weighted-average
dumping margin for each of the companies not selected for individual
examination to be equal to the weighted-average dumping margin
calculated for Saha Thai.
Final Results of Administrative Review
Commerce determines that the following weighted-average dumping
margins exist for the period March 1, 2019, through February 29, 2020:
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Weighted-
average
Producer/exporter dumping
margin
(percent)
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Saha Thai Steel Pipe Public Company, Ltd.................... 36.97
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Rate Applicable to the Following Non-Selected Companies
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Apex International Logistics................................ 36.97
Aquatec Maxcon Asia......................................... 36.97
Asian Unity Part Co., Ltd................................... 36.97
Bis Pipe Fitting Industry Co., Ltd.......................... 36.97
Chuhatsu (Thailand) Co., Ltd................................ 36.97
CSE Technologies Co., Ltd................................... 36.97
Expeditors International (Bangkok).......................... 36.97
Expeditors Ltd.............................................. 36.97
FS International (Thailand) Co., Ltd........................ 36.97
Kerry-Apex (Thailand) Co., Ltd.............................. 36.97
Oil Steel Tube (Thailand) Co., Ltd.......................... 36.97
Otto Ender Steel Structure Co., Ltd......................... 36.97
Pacific Pipe and Pump....................................... 36.97
Pacific Pipe Public Company Limited......................... 36.97
Panalpina World Transport Ltd............................... 36.97
Polypipe Engineering Co., Ltd............................... 36.97
Schlumberger Overseas S.A................................... 36.97
Siam Fittings Co., Ltd...................................... 36.97
Siam Steel Pipe Co., Ltd.................................... 36.97
Sino Connections Logistics (Thailand) Co., Ltd.............. 36.97
Thai Malleable Iron and Steel............................... 36.97
Thai Oil Group.............................................. 36.97
Thai Oil Pipe Co., Ltd...................................... 36.97
Thai Premium Pipe Co., Ltd.................................. 36.97
Vatana Phaisal Engineering Company.......................... 36.97
Visavakit Patana Corp., Ltd................................. 36.97
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Disclosure
Commerce intends to disclose the calculations performed for these
final results within five days of the date of publication of this
notice, in accordance with 19 CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 351.212(b),
Commerce shall determine, and 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 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).
For Saha Thai, we calculated importer-specific antidumping duty
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 sales in accordance with 19 CFR 351.212(b)(1).
If an importer-specific assessment rate is zero or de minimis, then we
will instruct CBP to liquidate the entries for that importer without
regard to antidumping duties.
For entries of subject merchandise during the POR produced by Saha
Thai for which it did not know its merchandise was destined for the
United States, and for Blue Pipe and K-Line, the two companies which we
find had no shipments during the POR, 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.
The assessment rate for antidumping duties for each of the
companies not selected for individual examination, will be equal to the
weighted-average dumping margin listed above in the final results of
review.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of these reviews for shipments of the
subject merchandise from China entered, or withdrawn from warehouse,
for consumption on or after the publication date, as provided by
section 751(a)(2)(C) of the Act: (1) The cash deposit rate for the
companies listed above in the final results of review will be equal to
the company-specific weighted-average dumping margin established in the
final results of this review; (2) for previously reviewed or
investigated companies not listed above in the ``Final Results of
Administrative Review,'' above, including companies for which Commerce
may determine to have 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 15.67 percent established in the less-than-
fair-value investigation.\6\
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\6\ See Order, 51 FR at 8341.
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These deposit requirements, when imposed, shall remain in effect
until further notice.
[[Page 69622]]
Notification to Importers
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this POR. Failure to comply with this
requirement could result in Commerce's presumption that reimbursement
of the antidumping duties occurred and the subsequent assessment of
doubled antidumping duties.
Notification Regarding Administrative Protective Order
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305. 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
Commerce is issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5).
Dated: December 2, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes to the Preliminary Results
V. Discussion of the Issues
Comment 1: Whether Commerce Should Base the Weighted-Average
Dumping Margins for Saha Thai and Blue Pipe on Adverse Facts
Available
Comment 2: Whether Saha Thai Created a Fictitious Market
Comment 3: Whether Saha Thai Is Affiliated with Certain
Companies
Comment 4: Whether Commerce Should Require Saha Thai and Blue
Pipe to Resubmit Certain Submissions
Comment 5: Whether Commerce Must Take Steps to Ensure the
Government Can Collect the Duties Owed
Comment 6: Whether Commerce Should Reconsider Prior Reviews to
Account for Potential Fraud
Comment 7: Whether Commerce Should Adjust Saha Thai's Costs to
Account for a Particular Market Situation
Comment 8: Whether Commerce's Preliminary Determination for Non-
Examined Companies Is Contrary to Law
Comment 9: Whether Commerce Should Calculate an Individual
Weighted-Average Dumping Margin for Thai Premium Pipe Co., Ltd.
VI. Recommendation
[FR Doc. 2021-26573 Filed 12-7-21; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on December 8, 2021.
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