Notice2023-19202
Steel Propane Cylinders From Thailand: Preliminary Results of Antidumping Duty Administrative Review; 2021-2022
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, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily finds that Sahamitr Pressure Container Plc. (also known as Sahamitr Pressure Container Public Company Limited) (SMPC) made sales of steel propane cylinders from Thailand at less than normal value (NV) during the period of review (POR), August 1, 2021, through July 31, 2022. We invite interested parties to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 88 Issue 171 (Wednesday, September 6, 2023)</title>
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[Federal Register Volume 88, Number 171 (Wednesday, September 6, 2023)]
[Notices]
[Pages 60921-60923]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-19202]
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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; 2021-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds
that Sahamitr Pressure Container Plc. (also known as Sahamitr Pressure
Container Public Company Limited) (SMPC) made sales of steel propane
cylinders from Thailand at less than normal value (NV) during the
period of review (POR), August 1, 2021, through July 31, 2022. We
invite interested parties to comment on these preliminary results.
DATES: Applicable September 6, 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 August 15, 2019, Commerce published in the Federal Register the
antidumping duty order on steel propane cylinders from Thailand.\1\ On
August 2, 2022, Commerce published in the Federal Register a notice of
opportunity to request an administrative review of the Order.\2\ On
October 11, 2022, based on timely requests for review and in accordance
with section 751(a)(1) of the Tariff Act of 1930, as amended (the Act)
and 19 CFR 351.221(c)(1)(i), Commerce initiated an administrative
review of the Order.\3\ Pursuant to section 751(a)(3)(A) of the Act,
Commerce extended the deadline for the preliminary results until August
31, 2023.\4\
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\1\ 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).
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity To Request Administrative
Review and Join Annual Inquiry Service List, 87 FR 47187 (August 2,
2022).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 61278, 61284 (October 11, 2022); see
also Antidumping or Countervailing Duty Order, Finding, or Suspended
Investigation; Opportunity To Request Administrative Review and Join
Annual Inquiry Service List, 87 FR 47187, 47188 (August 2, 2022).
\4\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated April 3,
2023.
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For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\5\
A list of the topics included in the Preliminary Decision Memorandum is
included as the 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>.
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\5\ See Memorandum, ``Decision Memorandum for Preliminary
Results of Antidumping Duty Administrative Review: Steel Propane
Cylinders from Thailand; 2021-2022,'' 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.\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 Act. Export price was calculated in accordance with
section 772 of the Act. NV was 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.
Preliminary Results of the Review
We preliminarily determine that the following estimated weighted-
average dumping margin exists for the period August 1, 2021, through
July 31, 2022:
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Weighted-
average
Exporter/producer dumping
margin
(percent)
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Sahamitr Pressure Container Plc............................. 2.12
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Disclosure and Public Comment
We intend to disclose the calculations used for these preliminary
results to interested parties 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 not later than seven days
after the date on which the verification report is issued in this
administrative review.\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\ Executive
[[Page 60922]]
summaries should be limited to five pages total, including footnotes.
All briefs must be filed electronically using ACCESS.\10\
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\7\ See 19 CFR 351.309(c)(1)(ii).
\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 351.309(c)(2) and (d)(2).
\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, within 30 days after the date
of publication of this notice in the Federal Register. Requests should
contain: (1) the party's name, address and telephone number; (2) the
number of participants; and (3) whether any participant is a foreign
national; and (4) 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 and rebuttal briefs. 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 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, 85 FR at 41363-41364.
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We intend to issue the final results of this administrative review,
including the results of our 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.
Verification
On January 18, 2023, Worthington Industries (the petitioner)
requested that Commerce conduct verification of SMPC's responses.\12\
Accordingly, as provided in section 782(i)(3) of the Act, Commerce
intends to verify the information relied upon in determining its final
results.
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\12\ See Petitioner's Letter, ``Steel Propane Cylinders from
Thailand--Petitioner's Request for Verification,'' dated January 18,
2023.
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Assessment Rates
Upon issuance of the final results of this review, Commerce shall
determine, and U.S. Customs and Border Protection (CBP) shall assess,
antidumping duties on all appropriate entries covered by this review.
If the weighted-average dumping margin for SMPC (i.e., the sole
individually-examined respondent in this review) is not zero or de
minimis (i.e., greater than or equal to 0.5 percent) in the final
results of this review, we will calculate importer-specific ad valorem
antidumping duty assessment rates on the basis of the ratio of the
total amount of dumping calculated for the examined sales made during
the POR to each importer and the total entered value of those same
sales, in accordance with 19 CFR 351.212(b)(1). If SMPC has not
reported entered values, we will calculate a per-unit assessment rate
for each importer by dividing the total amount of dumping calculated
for the examined sales made to that importer by the total quantity
associated with those transactions. To determine whether an importer-
specific, per-unit assessment rate is de minimis, in accordance with 19
CFR 351.106(c)(2), we also will calculate an importer-specific ad
valorem ratio based on estimated entered values. Where either SMPC's
weighted average dumping margin is zero or de minimis, or an importer-
specific assessment ad valorem rate is zero or de minimis, we intend to
instruct CBP to liquidate appropriate entries without regard to
antidumping duties.\13\ The final results of this review shall be the
basis for the assessment of antidumping duties on entries of
merchandise covered by this review where applicable.
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\13\ See 19 CFR 351.106(c)(2); see also Antidumping Proceeding:
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 SMPC
for which the producer did not know its merchandise was destined for
the United States, we will instruct CBP to liquidate those entries at
the all-others rate (i.e., 10.77 percent) \14\ if there is no rate for
the intermediate company(ies) involved in the transaction.\15\
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\14\ See Order, 84 FR at 41704.
\15\ 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 the 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 established in the final
results of this administrative review, except if the rate is less than
0.50 percent and, therefore, de minimis within the meaning of 19 CFR
351.106(c)(1), in which case the cash deposit rate will be zero; (2)
for previously reviewed or investigated companies not listed above, the
cash deposit rate will continue to be the company-specific rate
published for the most recently completed segment of this proceeding in
which the company participated; (3) if the exporter is not a firm
covered in this review, a prior review, or in the less-than-fair-value
investigation (LTFV) but the producer is, 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) the cash
deposit rate for all other producers or exporters will continue to be
the all-others rate of 10.77 percent, the rate established in the LTFV
investigation of this proceeding.\16\ These cash deposit requirements,
when imposed, shall remain in effect until further notice.
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\16\ See Order, 84 FR at 41704.
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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) of the Act, and 19 CFR
351.213(h)(2) and 19 CFR 351.221(b)(4).
Dated: August 30, 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
[[Page 60923]]
IV. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation
[FR Doc. 2023-19202 Filed 9-5-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on September 6, 2023.
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