Notice2022-19630
Circular Welded Carbon Steel Pipes and Tubes From Thailand: Notice of Court Decision Not in Harmony With Final Scope Ruling and Notice of Amended Final Scope Ruling Pursuant to Court Decision
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 12, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
On August 25, 2022, the U.S. Court of International Trade (CIT) issued its final judgment in Saha Steel Pipe Public Company, Ltd v. United States, Court No. 20-00133, Slip Op. 22-99 (Saha Steel), sustaining the Department of Commerce (Commerce)'s final results of redetermination pertaining to the scope ruling for the antidumping duty (AD) order on circular welded carbon steel pipes and tubes (CWP) from Thailand. In the redetermination, Commerce found that dual-stenciled standard pipe and line pipe are outside the scope of the order, pursuant to the CIT's remand order in Saha Thai Steel Pipe Public Company Ltd v. United States, 547 F. Supp. 3d 1278 (CIT Oct. 6, 2021) (Remand Order). Commerce is notifying the public that the CIT's final judgment is not in harmony with Commerce's final scope ruling, and that Commerce is amending the scope ruling to find that dual-stenciled standard pipe and line pipe are outside the scope of the order.
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 175 (Monday, September 12, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 175 (Monday, September 12, 2022)]
[Notices]
[Pages 55785-55786]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-19630]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-549-502]
Circular Welded Carbon Steel Pipes and Tubes From Thailand:
Notice of Court Decision Not in Harmony With Final Scope Ruling and
Notice of Amended Final Scope Ruling Pursuant to Court Decision
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On August 25, 2022, the U.S. Court of International Trade
(CIT) issued its final judgment in Saha Steel Pipe Public Company, Ltd
v. United States, Court No. 20-00133, Slip Op. 22-99 (Saha Steel),
sustaining the Department of Commerce (Commerce)'s final results of
redetermination pertaining to the scope ruling for the antidumping duty
(AD) order on circular welded carbon steel pipes and tubes (CWP) from
Thailand. In the redetermination, Commerce found that dual-stenciled
standard pipe and line pipe are outside the scope of the order,
pursuant to the CIT's remand order in Saha Thai Steel Pipe Public
Company Ltd v. United States, 547 F. Supp. 3d 1278 (CIT Oct. 6, 2021)
(Remand Order). Commerce is notifying the public that the CIT's final
judgment is not in harmony with Commerce's final scope ruling, and that
Commerce is amending the scope ruling to find that dual-stenciled
standard pipe and line pipe are outside the scope of the order.
DATES: Applicable September 4, 2022.
FOR FURTHER INFORMATION CONTACT: Leo Ayala, AD/CVD Operations, Office
VII, Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482-3945.
SUPPLEMENTARY INFORMATION:
Background
On June 30, 2020, in its Final Scope Ruling, Commerce found that
dual-stenciled standard pipe and line pipe, products which are
stenciled as meeting industry standards for both standard pipe and line
pipe, are within the scope of the AD order on CWP from Thailand.\1\
Commerce also found that line pipe, which is not dual-stenciled as
standard pipe and line pipe, is not within the scope of the Order.\2\
---------------------------------------------------------------------------
\1\ See Memorandum, ``Antidumping Duty Order on Circular Welded
Carbon Steel Pipes and Tubes from Thailand: Final Scope Ruling on
Line Pipe and Dual-Stenciled Standard and Line Pipe,'' dated June
30, 2020 (Final Scope Ruling). See also Antidumping Duty Order;
Circular Welded Carbon Steel Pipes and Tubes from Thailand, 51 FR
8341 (March 11, 1986) (Order).
\2\ See Final Scope Ruling.
---------------------------------------------------------------------------
Saha Thai Steel Pipe Public Company Ltd. appealed Commerce's Final
Scope Ruling with respect to its determination on dual-stenciled
standard pipe and line pipe. On October 6, 2021, the CIT remanded the
Final Scope Ruling to Commerce to conduct an analysis that reconsidered
the sources listed in 19 CFR 351.225(k)(1) to determine whether dual-
stenciled pipe, which is certified for use in standard pipe or line
pipe applications, falls within the scope of the Order.\3\ In
accordance with the CIT's analysis and conclusions, Commerce issued its
final results of redetermination, submitted to the CIT on April 22,
2022, in which Commerce, under protest, concluded that dual-stenciled
standard pipe and line pipe are outside the scope of the Order.\4\ The
CIT subsequently sustained Commerce's Amended Final Redetermination.\5\
---------------------------------------------------------------------------
\3\ See Remand Order.
\4\ See ``Saha Thai Steel Pipe Public Company, Ltd., v. United
States, Court No. 1:20-cv-133, Slip Op. 21-135 (CIT October 6,
2021)--Amended Final Results of Redetermination Pursuant to Court
Remand'' dated April 22, 2022. (Amended Final Redetermination).
Commerce previously submitted a final results of redetermination on
January 4, 2022. See Saha Thai Steel Pipe Public Company, Ltd., v.
United States, Court No. 1:20-cv-133, Slip Op. 21-135 (CIT October
6, 2021)--Final Results of Redetermination Pursuant to Court
Remand,'' ECF No. 58. However, on a motion by the government, the
Court granted Commerce leave to amend the final results of
redetermination by removing extraneous legal arguments, and to
submit an amended final results of redetermination. See Amended
Final Redetermination.
\5\ See Saha Steel.
---------------------------------------------------------------------------
Timken Notice
In its decision in Timken,\6\ as clarified by Diamond Sawblades,\7\
the Court of Appeals for the Federal Circuit held that, pursuant to
sections 516A(c) and (e) of the Tariff Act of 1930, as amended (the
Act), Commerce must publish a notice of court decision that is not ``in
harmony'' with a Commerce determination, and must suspend liquidation
of entries pending a ``conclusive'' court decision. The CIT's August
25, 2022, judgment constitutes a final decision of the CIT that is not
in harmony with Commerce's Final Scope Ruling. Thus, this notice is
published in fulfillment of the publication requirements of Timken.
---------------------------------------------------------------------------
\6\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir.
1990) (Timken).
\7\ See Diamond Sawblades Manufacturers Coalition v. United
States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
---------------------------------------------------------------------------
Amended Final Scope Ruling
In accordance with the CIT's August 25, 2022, final judgment,
Commerce is amending its Final Scope Ruling and determines that the
scope of the Order does not cover dual-stenciled standard pine and line
pipe addressed in the Final Scope Ruling.
Liquidation of Suspended Entries
Commerce will instruct U.S. Customs and Border Protection (CBP)
that, pending any appeals, the cash deposit rate will be zero percent
for entries of dual-stenciled standard pipe and line pipe produced in
Thailand. In the event that the CIT's final judgment is not appealed or
is upheld on appeal, Commerce will instruct CBP to lift suspension of
liquidation of such
[[Page 55786]]
entries, and to liquidate entries of dual-stenciled standard pipe and
line pipe produced in Thailand without regard to antidumping duties.
Notification to Interested Parties
This notice is issued and published in accordance with sections
516A(c) and (e), and 777(i)(1) of the Act.
Dated: September 1, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2022-19630 Filed 9-9-22; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on September 12, 2022.
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.