Notice2024-04740
Circular Welded Carbon Steel Pipes and Tubes From Thailand: Preliminary Results and Rescission, in Part, of Antidumping Duty Administrative Review; 2022-2023
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 6, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily finds that certain producers/exporters subject to this administrative review did not make sales of subject merchandise at less than normal value (NV) during the period of review (POR) March 1, 2022, through February 28, 2023. Commerce is also rescinding the review, in part, with respect to 28 respondents. We invite interested parties to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 89 Issue 45 (Wednesday, March 6, 2024)</title>
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[Federal Register Volume 89, Number 45 (Wednesday, March 6, 2024)]
[Notices]
[Pages 15971-15973]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-04740]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-549-502]
Circular Welded Carbon Steel Pipes and Tubes From Thailand:
Preliminary Results and Rescission, in Part, of Antidumping Duty
Administrative Review; 2022-2023
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds
that certain producers/exporters subject to this administrative review
did not make sales of subject merchandise at less than normal value
(NV) during the period of review (POR) March 1, 2022, through February
28, 2023. Commerce is also rescinding the review, in part, with respect
to 28 respondents. We invite interested parties to comment on these
preliminary results.
DATES: Applicable March 6, 2024.
FOR FURTHER INFORMATION CONTACT: Jacob Keller or 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) 482-4849 or (202) 482-0410,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On March 11, 1986, Commerce published in the Federal Register the
antidumping duty order on circular welded carbon steel pipes and tubes
(CWP) from Thailand.\1\ On March 2, 2023, Commerce published in the
Federal Register the notice of initiation of the administrative review
of the Order.\2\ On June 5, 2023, Commerce selected Saha Thai Steel
Pipe Public Co., Ltd. (Saha Thai) and Thai Premium Pipe Co. Ltd. (TPP)
for individual examination as the mandatory respondents in this
administrative review.\3\ On January 16, 2024, Commerce notified
interested parties of our intent to rescind this administrative review
with respect to the 28 companies that have no reviewable suspended
entries.\4\ On November 13, 2023, Commerce extended the time limit for
these preliminary results to March 5, 2024.\5\ For a complete
description of the events that occurred since the initiation of this
review, see the Preliminary Decision Memorandum.\6\
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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 Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 29881, 29884 (May 9, 2023).
\3\ See Memorandum, ``Respondent Selection,'' dated June 5,
2023.
\4\ See Memorandum, ``Intent to Partially Rescind Review,''
dated January 16, 2024 (Intent to Rescind Memorandum).
\5\ See Memorandum, ``Extension of Deadline for Preliminary
Results of the Antidumping Duty Administrative Review; 2021-2022,''
dated November 7, 2022.
\6\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Administrative Review and Rescission, in Part, of the
Antidumping Duty Order on Circular Welded Carbon Steel Pipes and
Tubes from Thailand; 2022-2023,'' dated concurrently with, and
hereby adopted by, this notice (Preliminary Decision Memorandum).
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A list of topics discussed in the Preliminary Decision Memorandum
is attached in Appendix I 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 is available at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Scope of the Order
The products covered by the Order are CWP from Thailand. For a
complete description of the scope of this Order, see the Preliminary
Decision Memorandum.
Rescission of Review, In Part
Pursuant to 19 CFR 351.213(d)(3), Commerce will rescind an
administrative review when there are no reviewable suspended entries.
Based on our analysis of U.S. Customs and Border Protection (CBP)
information, we preliminarily determine that 28 companies had no
entries of subject merchandise during the POR. On January 16, 2024, we
notified parties of our intent to rescind this administrative review
with respect to the 28 companies listed in Appendix II that had no
reviewable suspended entries during the POR.\7\ No parties commented on
our Intent to Rescind Memorandum. As a result, we are rescinding this
review, in part, with respect to the 28 companies listed in Appendix II
of this notice.
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\7\ See Intent to Rescind Memorandum.
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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 and NV in accordance with sections 772 and 773 of the Act,
respectively. For a complete description of the methodology underlying
our conclusions, see the Preliminary Decision Memorandum.
Preliminary Results of Review
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist for the period March 1, 2022,
through February 28, 2023:
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Weighted-
average
Producer or exporter dumping margin
(percent)
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Saha Thai Steel Pipe Public Co., Ltd. (also known as 0.00
Saha Thai Steel Pipe (Public) Company, Ltd.)...........
Thai Premium Pipe Co. Ltd............................... 0.00
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Assessment Rates
Upon completion of the final results, Commerce shall determine and
CBP shall assess, antidumping duties on all appropriate entries covered
by this review.\8\ If Saha Thai or 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 will 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).\9\ 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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\8\ See 19 CFR 351.212(b)(1).
\9\ 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 Saha
Thai or TPP for which they 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.\10\
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\10\ 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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For the companies for which this review is rescinded with these
preliminary results, we will instruct CBP to assess antidumping duties
on all appropriate entries at a rate equal to the
[[Page 15972]]
cash deposit of estimated antidumping duties required at the time of
entry, or withdrawal from warehouse, for consumption, during the period
January 1, 2022, through December 31, 2022, in accordance with 19 CFR
351.212(c)(l)(i). 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.
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.\11\
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\11\ 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 Saha Thai and 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.\12\ These cash deposit requirements, when
imposed, shall remain in effect until further notice.
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\12\ See Order.
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Disclosure and Public Comment
We intend to disclose the calculations performed for these
preliminary results to interested parties within five days after the
date of publication of this notice.\13\ Pursuant to 19 CFR
351.309(c)(1)(ii), interested parties may submit case briefs to
Commerce no 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 five days after the date for filing case
briefs.\14\ Interested parties who submit case or rebuttal briefs in
this administrative review must submit: (1) a table of contents listing
each issue; and (2) a table of authorities.\15\
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\13\ See 19 CFR 351.224(b).
\14\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023) (APO and Final Service Rule).
\15\ See 19 CFR 351.309(c)(2) and (d)(2).
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As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged interested parties to provide an
executive summary of their brief that should be limited to five pages
total, including footnotes. In this review, we instead request that
interested parties provide at the beginning of their briefs a public,
executive summary for each issue raised in their briefs.\16\ Further,
we request that interested parties limit their executive summary of
each issue to no more than 450 words, not including citations. We
intend to use the executive summaries as the basis of the comment
summaries included in the issues and decision memorandum that will
accompany the final results in this administrative review. We request
that interested parties include footnotes for relevant citations in the
executive summary of each issue.
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\16\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
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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 case and rebuttal briefs.
All submissions, including case and rebuttal briefs, as well as
hearing requests, should be filed using ACCESS.\17\ An electronically
filed document must be received successfully in its entirety by ACCESS
by 5:00 p.m. Eastern Time on the established deadline. Note that
Commerce has amended certain of its requirements pertaining to the
service of documents in 19 CFR 351.303(f).\18\
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\17\ See 19 CFR 351.303.
\18\ See APO and Final Service Rule.
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Final Results of Review
Unless otherwise extended, 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 in the Federal
Register, pursuant to section 751(a)(3)(A) of the Act and 19 CFR
351.213(h)(1).
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).
Dated: February 29, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Partial Rescission of Administrative Review
V. Discussion of Methodology
VI. Currency Conversion
VII. Recommendation
Appendix II
Companies Rescinded From This Administrative Review
1. Apex International Logistics
2. Aquatec Maxcon Asia
3. Asian Unity Part Co., Ltd.
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4. Better Steel Pipe Company Limited
5. Bis Pipe Fitting Industry Co., Ltd.
6. Blue Pipe Steel Center Co. Ltd.
7. Chuhatsu (Thailand) Co., Ltd.
8. CSE Technologies Co., Ltd.
9. Expeditors International (Bangkok)
10. Expeditors Ltd.
11. FS International (Thailand) Co., Ltd.
12. Kerry-Apex (Thailand) Co., Ltd.
13. K Line Logistics
14. Oil Steel Tube (Thailand) Co., Ltd.
15. Otto Ender Steel Structure Co., Ltd.
16. Pacific Pipe and Pump
17. Pacific Pipe Public Company Limited
18. Panalpina World Transport Ltd.
19. Polypipe Engineering Co., Ltd.
20. Schlumberger Overseas S.A.
21. Siam Fittings Co., Ltd.
22. Siam Steel Pipe Co., Ltd.
23. Sino Connections Logistics (Thailand) Co., Ltd.
24. Thai Malleable Iron and Steel
25. Thai Oil Group
26. Thai Oil Pipe Co., Ltd.
27. Vatana Phaisal Engineering Company
28. Visavakit Patana Corp., Ltd.
[FR Doc. 2024-04740 Filed 3-5-24; 8:45 am]
BILLING CODE 3510-DS-P
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