Circular Welded Carbon Steel Pipes and Tubes From Thailand: Preliminary Results of Antidumping Duty Administrative Review; 2021-2022
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Issuing agencies
Abstract
The U.S. Department of Commerce (Commerce) preliminarily finds that the sole exporter subject to this review, Thai Premium Pipe Co. Ltd. (TPP), made sales of subject merchandise at less than normal value during the period of review (POR) March 1, 2021, through February 28, 2022. We invite interested parties to comment on these preliminary results.
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<title>Federal Register, Volume 88 Issue 60 (Wednesday, March 29, 2023)</title>
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[Federal Register Volume 88, Number 60 (Wednesday, March 29, 2023)]
[Notices]
[Pages 18526-18528]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-06501]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-549-502]
Circular Welded Carbon Steel Pipes and Tubes From Thailand:
Preliminary Results of Antidumping Duty Administrative Review; 2021-
2022
AGENCY: Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds
that the sole exporter subject to this review, Thai Premium Pipe Co.
Ltd. (TPP), made sales of subject merchandise at less than normal value
during the period of review (POR) March 1, 2021, through February 28,
2022. We invite interested parties to comment on these preliminary
results.
DATES: Applicable March 29, 2023.
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 March 11, 1986, Commerce published in the Federal Register an
antidumping duty order on Circular Welded Carbon Steel Pipes and Tubes
(CWP) from Thailand.\1\ On March 3, 2022, we published in the Federal
Register a notice of opportunity to request an administrative review of
the Order.\2\ On May 13, 2022, based on a timely request for
administrative review, Commerce initiated an administrative review of
TPP.\3\ On November 7, 2022, Commerce extended the period for issuing
the preliminary results of this review by 120 days to no later than
March 31, 2023.\4\ For a more complete description of the events
between the initiation of this review and these preliminary results,
see the Preliminary Decision Memorandum.\5\
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\1\ See Antidumping Duty Order; Circular Welded Carbon Steel
Pipes and Tubes from Thailand, 51 FR 8341 (March 11, 1986) (Order).
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity To Request Administrative
Review and Join Annual Inquiry Service List, 87 FR 12086 (March 3,
2022).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 29280, 29282 (May 13, 2022).
\4\ See Memorandum, ``Extension of Deadline for Preliminary
Results of the Antidumping Duty Administrative Review; 2021-2022,''
dated November 7, 2022.
\5\ See Memorandum, ``Circular Welded Carbon Steel Pipes and
Tubes from Thailand: Decision Memorandum for the Preliminary Results
of Antidumping Duty Administrative Review; 2021-2022,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
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Scope of the Order
The products covered by the Order are CWP from Thailand. For a full
description of the scope of this Order, see the Preliminary Decision
Memorandum.\6\
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\6\ 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) of the Tariff Act of 1930, as amended (the Act). We calculated
export price in accordance with section 772 of the Act, normal value is
calculated in accordance with section 773 of the Act.
For a full description of the methodology underlying these
preliminary results, see the Preliminary Decision Memorandum. A list of
topics discussed in the Preliminary Decision Memorandum is attached as
the Appendix to this notice. The Preliminary Decision Memorandum is a
public document and is made available to the public 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 is available at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Preliminary Results of Review
Commerce preliminarily determines that the following weighted-
average
[[Page 18527]]
dumping margin exists for the period March 1, 2021, through February
28, 2022:
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Weighted-average
Producer or exporter dumping margin
(percent)
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Thai Premium Pipe Co. Ltd........................... 0.71
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Disclosure
We intend to disclose the calculations performed to parties within
five days after public announcement of the preliminary results.\7\
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\7\ See 19 CFR 351.224(b).
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Public Comment
Pursuant to 19 CFR 351.309(c), interested parties may submit case
briefs not later than 30 days after the date of publication of this
notice. 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
proceeding 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\
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\8\ See 19 CFR 351.309(d).
\9\ See 19 CFR 351.309(c)(2) and (d)(2).
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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 in the briefs.
An electronically filed submission must be received successfully in
its entirety by Commerce's electronic records system, ACCESS, by 5:00
p.m. Eastern Time within 30 days after the date of publication of this
notice. Note that Commerce has temporarily modified certain of its
requirements for serving documents containing business proprietary
information until further notice.\10\
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\10\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
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Final Results of Review
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 and 19 CFR 351.213(h)(1).
Assessment Rates
Upon completion of the final results, Commerce shall determine and
U.S. Customs and Border Protection (CBP) shall assess, antidumping
duties on all appropriate entries covered by this review.\11\ If TPP's
weighted-average dumping margin is not zero or de minimis (i.e., less
than 0.50 percent) in the final results of this review, we intend to
calculate importer-specific ad valorem 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 same sales in
accordance with 19 CFR 351.212(b)(1).\12\ If either the respondent's
weighted-average dumping margin or an importer-specific assessment rate
is zero or de minimis in the final results of review, we intend to
instruct CBP not to liquidate relevant entries without regards to
antidumping duties.
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\11\ See 19 CFR 351.212(b).
\12\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101, 8103 (February 14,
2012).
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For entries of subject merchandise during the POR produced by TPP
for which it did not know that the merchandise was destined to the
United States, 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.\13\
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\13\ 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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The final results of this administrative review shall be the basis
for the assessment of antidumping duties on entries of merchandise
covered by the final results of this review and for future deposits of
estimated duties, where applicable.\14\ 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).
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\14\ See section 751(a)(2)(C) of the Act and 19 CFR 351.212(b).
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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication in the Federal Register of the notice of final results of
administrative review for all shipments of CWP from Thailand entered,
or withdrawn from warehouse, for consumption on or after the date of
publication as provided for by section 751(a)(2)(C) of the Act: (1) the
cash deposit rate for TPP will be equal to the weighted-average dumping
margin established in the final results of this review (except, if that
rate is de minimis within the meaning of 19 CFR 351.106(c)(1), then 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 or another completed segment of this proceeding, but the
producer is, then the cash deposit rate will be the company-specific
rate established for the completed segment for the most recent period
for the producer of the merchandise; and (4) the cash deposit rate for
all other producers or exporters will continue to be 15.67 percent, the
all-others rate established in the less-than-fair-value
investigation.\15\
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\15\ See Order.
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These cash deposit requirements, when imposed, shall remain in
effect until further notice.
Notification to Importers
This notice 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 double antidumping duties.
Notification to Interested Parties
We are issuing and publishing these preliminary results in
accordance with sections 751(a)(1) and 777(i) of the Act, and 19 CFR
351.213(h) and 351.221(b)(4).
[[Page 18528]]
Dated: March 23, 2023.
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. Particular Market Situation
V. Product Comparisons
VI. Discussion of Methodology
VII. Recommendation
[FR Doc. 2023-06501 Filed 3-28-23; 8:45 am]
BILLING CODE 3510-DS-P
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