Notice2022-19191
Steel Propane Cylinders From Thailand: Preliminary Results of Antidumping Duty Administrative Review; 2020-2021
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 6, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. 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) August 1, 2020, through July 31, 2021. We invite interested parties to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 87 Issue 171 (Tuesday, September 6, 2022)</title>
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[Federal Register Volume 87, Number 171 (Tuesday, September 6, 2022)]
[Notices]
[Pages 54476-54478]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-19191]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-549-839]
Steel Propane Cylinders From Thailand: Preliminary Results of
Antidumping Duty Administrative Review; 2020-2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. 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) August 1, 2020, through July 31, 2021. We invite
interested parties to comment on these preliminary results.
DATES: Applicable September 6, 2022
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:
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 7, 2021, in accordance with 19 CFR
251.221(c)(1)(i), we initiated the administrative review of the AD
order on steel propane cylinders from Thailand with respect to SMPC.\1\
On March 30, 2022, Commerce extended the deadline for the preliminary
results to August 31, 2022.\2\ For a complete
[[Page 54477]]
description of the events that followed the initiation of this review,
see the Preliminary Decision Memorandum.\3\
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 86 FR 55811 (October 7, 2021).
\2\ See Memorandum, ``Steel Propane Cylinders from Thailand:
Extension of Time Limit for Preliminary Results of Antidumping Duty
Administrative Review; 2020/2021,'' dated March 30, 2022.
\3\ See Memorandum, ``Issues and Decision Memorandum for the
Preliminary Results of Antidumping Duty Administrative Review: Steel
Propane Cylinders from Thailand; 2020-2021,'' dated concurrently
with, and hereby adopted by, this notice (Preliminary Decision
Memorandum).
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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\
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\4\ See Preliminary Decision Memorandum at ``Scope of the
Order.''
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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. A
list of topics discussed in the Preliminary Decision Memorandum is
attached as an 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 <a href="https://access.trade.gov">https://access.trade.gov</a>. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed directly
at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Preliminary Results of the Review
Commerce preliminarily determines that the following weighted-
average dumping margin exists for the period August 1, 2020, through
July 31, 2021:
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Estimated
weighted-
Exporter/producer average
dumping margin
(percent)
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Sahamitr Pressure Container Plc......................... 2.49
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Assessment Rates
Upon completion of this administrative review, Commerce shall
determine, and U.S. Customs and Border Protection (CBP) shall assess,
ADs 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
ADs.
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.
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\5\ For a full discussion of this clarification, see Antidumping
and Countervailing Duty Proceedings: Assessment of Antidumping
Duties, 68 FR 23954 (May 6, 2003).
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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,
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.
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\6\ See Steel Propane Cylinders from Thailand: Final
Determination of Sales at Less Than Fair Value, 84 FR 29168, 29169
(June 21, 2019).
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Disclosure and Public Comment
We intend to disclose the calculations performed to parties in this
review 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 review 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 via
ACCESS.\10\ Executive summaries should be limited to five pages total,
including footnotes.
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\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.
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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 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
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serving documents containing business proprietary information, until
further notice.\11\ An electronically filed document must be received
successfully in its entirety in ACCESS by 5:00 p.m. Eastern Time on the
due date.
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\11\ See Temporary Rule.
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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 29, 2022.
Lisa W. Wang,
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. 2022-19191 Filed 9-2-22; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on September 6, 2022.
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