Notice2023-04758
Steel Propane Cylinders From Thailand: Final 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
March 8, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that Sahamitr Pressure Container Plc. (also known as Sahamitr Pressure Container Public Company Limited) (SMPC) made sales of subject merchandise in the United States at prices below normal value (NV) during the period of review (POR) August 1, 2020, through July 31, 2021.
Full Text
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<title>Federal Register, Volume 88 Issue 45 (Wednesday, March 8, 2023)</title>
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[Federal Register Volume 88, Number 45 (Wednesday, March 8, 2023)]
[Notices]
[Pages 14334-14335]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-04758]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-549-839]
Steel Propane Cylinders From Thailand: Final 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) determines that
Sahamitr Pressure Container Plc. (also known as Sahamitr Pressure
Container Public Company Limited) (SMPC) made sales of subject
merchandise in the United States at prices below normal value (NV)
during the period of review (POR) August 1, 2020, through July 31,
2021.
DATES: Applicable March 8, 2023.
FOR FURTHER INFORMATION CONTACT: Samuel Brummitt, 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) 482-7851.
SUPPLEMENTARY INFORMATION:
Background
On September 6, 2022, Commerce published the Preliminary Results of
the 2020-2021 administrative review of the antidumping duty order on
steel propane cylinders from Thailand and invited interested parties to
comment.\1\ This review covers one producer/exporter of the subject
merchandise, SMPC.\2\ For a summary of the events that occurred since
the Preliminary Results, see the Issues and Decision Memorandum.\3\
Commerce conducted this review in accordance with section 751(a)(1)(B)
of the Tariff Act of 1930, as amended (the Act).
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\1\ See Steel Propane Cylinders from Thailand: Preliminary
Results of Antidumping Duty Administrative Review; 2020-2021, 87 FR
54476 (September 6, 2022) (Preliminary Results), and accompanying
Preliminary Decision Memorandum.
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 86 FR 55811 (October 7, 2021).
\3\ See Memorandum, ``Steel Propane Cylinders from Thailand:
Issues and Decision Memorandum for the Final Results of Antidumping
Duty Administrative Review; 2020-2021,'' dated concurrently with,
and hereby adopted by, this notice (Issues and Decision Memorandum).
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Scope of the Order <SUP>4</SUP>
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\4\ See Steel Propane Cylinders from the People's Republic of
China and Thailand: Amended Final Determination of Sales at Less
Than Fair Value and Antidumping Duty Orders, 84 FR 41703 (August 15,
2019) (Order).
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The merchandise covered by this Order is steel propane cylinders
from Thailand. A full description of the scope of the Order is
contained in the Issues and Decision Memorandum.
Analysis of Comments Received
All issues raised by parties in the case and rebuttal briefs are
addressed in the Issues and Decision Memorandum. A list of the issues
addressed in the Issues and Decision Memorandum is included in the
appendix to this notice. 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 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>.
Changes Since the Preliminary Results
Based on comments received from interested parties regarding our
Preliminary Results and our review of the record to address those
comments, we made certain changes to the preliminary weighted-average
dumping margin calculations for SMPC, as detailed in the Issues and
Decision Memorandum.
Final Results of Review
As a result of this administrative review, Commerce determines that
the following weighted-average dumping margin exists for the POR,
August 1, 2020, through July 31, 2021:
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Weighted-
average
Exporter/producer dumping
margin
(percent)
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Sahamitr Pressure Container Plc............................. 10.64
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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 the Federal Register, in accordance with 19 CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Tariff Act of 1930, as
amended (the Act),
[[Page 14335]]
19 CFR 351.213, and 19 CFR 351.212(b), Commerce has determined, and
U.S. Customs and Border Protection (CBP) shall assess, antidumping
duties on all appropriate entries of subject merchandise in accordance
with these final results of review.\5\ Pursuant to 19 CFR
351.212(b)(1), we calculated importer-specific ad valorem duty
assessment rates based on the ratio of the total amount of dumping
calculated for the examined sales to the total entered value of the
sales for which entered value was reported. Where the respondent's
weighted-average dumping margin is zero or de minimis within the
meaning of 19 CFR 351.106(c)(1), 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.
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\5\ See 19 CFR 351.212(b).
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Commerce's ``reseller policy'' will apply to entries of subject
merchandise during the POR produced by SMPC for which the reviewed
company did not know that the merchandise it 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.\6\
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\6\ 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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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).
Cash Deposit Requirements
The following cash deposit requirements for estimated antidumping
duties will be effective for all shipments of subject merchandise
entered, or withdrawn from warehouse, for consumption on or after the
publication date of the final results of this administrative review, as
provided 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 that is
established in the final results of this review (except if that rate is
de minimis, in which situation the cash deposit rate will be zero); (2)
for merchandise exported by a company not covered in this review but
covered in a prior completed segment of the proceeding, the cash
deposit rate will continue to be the company-specific rate published in
the completed segment for the most recent period; (3) if the exporter
is not a firm covered in this review, a prior review, or the original
investigation but the producer has been covered in a prior complete
segment of this proceeding, the cash deposit rate will be the company-
specific rate established in the completed segment for the most recent
period for the producer of the merchandise; (4) the cash deposit rate
for all other producers and exporters will continue to be 10.77 percent
ad valorem, the all-others rate established in the LTFV
investigation.\7\
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\7\ 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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These cash deposit requirements, when imposed, shall remain in
effect until further notice.
Notification to Importers
This notice also 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 the POR. Failure to comply with this
requirement could result in Commerce's presumption that reimbursement
of antidumping duties occurred and the subsequent assessment of double
antidumping duties.
Administrative Protective Order
This notice also serves as a reminder to parties subject to an
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(a)(3), which
continues to govern business proprietary information in this segment of
the proceeding. 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
the terms of an APO is a sanctionable violation.
Notification to Interested Parties
We are 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: March 2, 2023.
Lisa W. Wang,
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 Since the Preliminary Results
V. Discussion of the Issues
Comment 1: Whether Refrigerant Cylinders Should be Excluded from
SMPC's Margin Calculation
Comment 2: Whether Commerce Should Revise its Model Match
Methodology and Add ``Type of Gas'' as a New Characteristic
Comment 3: Whether to Revise Certain Date Variables
Comment 4: Calculation of Billing Adjustments
Comment 5: Use of Consistent Weight Data for the Sales and Cost
Databases
Comment 6: Whether to Revise Commerce's Final Liquidation
Instructions
Comment 7: Differential Pricing
VI. Recommendation
[FR Doc. 2023-04758 Filed 3-7-23; 8:45 am]
BILLING CODE 3510-DS-P
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