Notice2022-19858
Circular Welded Carbon Steel Pipes and Tubes From Thailand: Notice of Court Decision Not in Harmony With the Final Results of Antidumping Administrative Review; Notice of Amended Final Results of Antidumping Administrative Review; 2017-2018
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 14, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
On September 17, 2021, the U.S. Court of International Trade (CIT) issued its final judgment in Saha Thai Steel Pipe Public Company Ltd. v. United States, 538 F. Supp. 3d 1354 (CIT 2021) (Saha Thai II), sustaining the U.S. Department of Commerce's (Commerce) final results of redetermination pertaining to the administrative review of the antidumping duty order on circular welded carbon steel pipes and tubes (pipes and tubes) from Thailand covering the period of review (POR) March 1, 2017, through February 28, 2018. Commerce is notifying the public that the CIT's final judgment is not in harmony with Commerce's final results of the administrative review, and that Commerce is amending the final results of review with respect to the weighted- average dumping margin assigned to Saha Thai Steel Pipe (Public) Company, Ltd. (Saha Thai).
Full Text
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<title>Federal Register, Volume 87 Issue 177 (Wednesday, September 14, 2022)</title>
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[Federal Register Volume 87, Number 177 (Wednesday, September 14, 2022)]
[Notices]
[Pages 56404-56405]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-19858]
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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 the Final Results of
Antidumping Administrative Review; Notice of Amended Final Results of
Antidumping Administrative Review; 2017-2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On September 17, 2021, the U.S. Court of International Trade
(CIT) issued its final judgment in Saha Thai Steel Pipe Public Company
Ltd. v. United States, 538 F. Supp. 3d 1354 (CIT 2021) (Saha Thai II),
sustaining the U.S. Department of Commerce's (Commerce) final results
of redetermination pertaining to the administrative review of the
antidumping duty order on circular welded carbon steel pipes and tubes
(pipes and tubes) from Thailand covering the period of review (POR)
March 1, 2017, through February 28, 2018. Commerce is notifying the
public that the CIT's final judgment is not in harmony with Commerce's
final results of the administrative review, and that Commerce is
amending the final results of review with respect to the weighted-
average dumping margin assigned to Saha Thai Steel Pipe (Public)
Company, Ltd. (Saha Thai).
DATES: Applicable September 27, 2021.
FOR FURTHER INFORMATION CONTACT: Charles DeFilippo, 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) 482-3797.
SUPPLEMENTARY INFORMATION:
Background
On November 20, 2019, Commerce published its Final Results in the
2017-2018 antidumping duty administrative review of pipes and tubes
from Thailand.\1\ In the Final Results, Commerce determined that a
particular market situation (PMS) existed in the Thai pipes and tubes
market related to purchases of hot-rolled coil during the POR.\2\
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\1\ See Circular Welded Carbon Steel Pipes and Tubes from
Thailand: Final Results of Antidumping Duty Administrative Review
and Final Determination of No Shipments; 2017- 2018, 84 FR 64041
(November 20, 2019) (Final Results), and accompanying Issues and
Decision Memorandum.
\2\ Id.; see also Circular Welded Carbon Steel Pipes and Tubes
from Thailand: Preliminary Results of Antidumping Duty
Administrative Review and Preliminary Determination of No Shipments;
2017-2018, 84 FR 22450 (May 17, 2019), and accompanying Preliminary
Decision Memorandum, at 6-7.
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Mandatory respondent Saha Thai challenged Commerce's Final Results
before the CIT. On October 19, 2020, the CIT remanded the Final Results
and ordered Commerce to remove its cost-based PMS adjustment and
recalculate Saha Thai's weighted-average dumping margin without a PMS
adjustment.\3\
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\3\ See Saha Thai Steel Pipe Pub. Co. Ltd. v. United States, 476
F. Supp. 3d 1378, 1386 (CIT 2020) (Saha Thai I).
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In the Final Redetermination, issued in March 2021, Commerce, under
respectful protest, recalculated Saha Thai's weighted-average dumping
margin without making a cost-based PMS adjustment.\4\ The CIT held that
Commerce's Final Redetermination was consistent with the CIT's order in
Saha Thai II.\5\
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\4\ See Final Results of Redetermination Pursuant to Court
Remand, Saha Thai Steel Pipe Pub. Co., Ltd., et al. v. United
States, Court No. 19-00208, Slip Op. 20-148, dated March 14, 2021
(Final Redetermination).
\5\ See Saha Thai II.
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Timken Notice
In its decision in Timken,\6\ as clarified by Diamond Sawblades,\7\
the U.S. 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 September
17, 2021, judgment constitutes a final decision of the CIT that is not
in harmony with Commerce's Final Results. Thus, this notice is
published in fulfillment of the publication requirements of Timken.
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\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).
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Amended Final Results
Because there is now a final court judgment, Commerce is amending
its Final Results with respect to Saha Thai. The revised dumping
margins are as follows:
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Final results
of review: Final results of
weighted- redetermination:
Exporter/producer average dumping weighted-average
margin dumping margin
(percent) (percent)
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Saha Thai Steel Pipe (Public) 5.15 0.00
Company, Ltd........................
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Cash Deposit Requirements
Because Saha Thai has a superseding cash deposit rate, i.e., there
have been final results published in a subsequent administrative
review, we will not issue revised cash deposit instructions to U.S.
Customs and Border Protection (CBP). These amended final results of
review will not affect the current cash deposit rate.
Liquidation of Suspended Entries
Commerce intends to instruct CBP to assess antidumping duties on
unliquidated entries of subject merchandise, where appropriate,
[[Page 56405]]
pursuant to the final and conclusive court decision and in accordance
with 19 CFR 351.212(b). The time for appeals has expired. Because Saha
Thai's weighted-average dumping margin is zero or de minimis within the
meaning of 19 CFR 351.106(c)(1), we intend to instruct CBP to liquidate
the appropriate entries without regard to antidumping duties.\8\
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\8\ See 19 CFR 351.106(c)(2).
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Commerce's ``reseller policy'' will apply to entries of subject
merchandise during the POR produced by Saha Thai for which Saha Thai
did not know that the merchandise they sold to the intermediary (e.g.,
a reseller, trading company, or exporter) 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.\9\
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\9\ 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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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 8, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2022-19858 Filed 9-13-22; 8:45 am]
BILLING CODE 3510-DS-P
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