Notice2024-06672
Steel Propane Cylinders From Thailand: Amended Final 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
March 29, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) is amending the final results of the administrative review of the antidumping duty order on steel propane cylinders from Thailand to correct one ministerial error. The period of review (POR) is August 1, 2021, through July 31, 2022.
Full Text
<html>
<head>
<title>Federal Register, Volume 89 Issue 62 (Friday, March 29, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 62 (Friday, March 29, 2024)]
[Notices]
[Pages 22123-22124]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-06672]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-549-839]
Steel Propane Cylinders From Thailand: Amended Final 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) is amending the
final results of the administrative review of the antidumping duty
order on steel propane cylinders from Thailand to correct one
ministerial error. The period of review (POR) is August 1, 2021,
through July 31, 2022.
DATES: Applicable March 29, 2024.
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 February 23, 2024, Commerce published the final results of the
2021-2022 administrative review of the antidumping duty order on steel
propane cylinders from Thailand.\1\ On February 29, 2024, Sahamitr
Pressure Container Public Company Limited (SMPC), the sole respondent
in this administrative review, timely alleged that Commerce made a
ministerial error in the Final Results.\2\ Commerce is amending its
Final Results to correct for the ministerial error alleged by SMPC. No
other party made a ministerial error allegation or provided rebuttal
comments in response to SMPC's ministerial error allegation.
---------------------------------------------------------------------------
\1\ See Steel Propane Cylinders from Thailand: Final Results of
Antidumping Duty Administrative Review; 2021-2022, 89 FR 13690
(February 23, 2024) (Final Results), and accompanying Issues and
Decision Memorandum; see also Memorandum, ``Deadline for Ministerial
Error Comments for the Final Results,'' dated February 22, 2024.
\2\ See SMPC's Letter, ``Request for the Correction of a
Ministerial Error Contained in the Final Results of Review,'' dated
February 29, 2024.
---------------------------------------------------------------------------
Legal Framework
A ``ministerial error'' is defined as including ``errors in
addition, subtraction, or other arithmetic function, clerical errors
resulting from inaccurate copying, duplication, or the like, and any
other type of unintentional error which the {Commerce{time} considers
ministerial.'' \3\ Pursuant to 19 CFR 351.224(e), Commerce will analyze
any comments received and, if appropriate, correct any ministerial
error by amending the final results of review.
---------------------------------------------------------------------------
\3\ See section 751(h) of the Act; see also 19 CFR 351.224(f).
---------------------------------------------------------------------------
Ministerial Error
In the Final Results, Commerce made an inadvertent error within the
meaning of section 751(h) of the Tariff Act of 1930, as amended (the
Act) and 19 CFR 351.224(f) with respect to the selection of sales
databases used in SMPC's margin analysis. Accordingly, pursuant to 19
CFR 351.224(e), Commerce is amending the Final Results to correct for
this ministerial error.\4\ For a complete description and analysis of
the specific inadvertent error, and SMPC's ministerial error
allegation, see the accompanying Ministerial Error Allegation
Memorandum.\5\ The Ministerial Error Allegation 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>.
---------------------------------------------------------------------------
\4\ See Memorandum, ``Antidumping Duty Administrative Review of
Steel Propane Cylinders from Thailand (2021-2022): Ministerial Error
Allegation,'' dated concurrently with this notice (Ministerial Error
Allegation Memorandum).
\5\ Id.
---------------------------------------------------------------------------
Amended Final Results of Review
As a result of correcting this ministerial error, Commerce
determines that, for the POR August 1, 2021, through July 31, 2022, the
following weighted-average dumping margin exists:
------------------------------------------------------------------------
Weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
Sahamitr Pressure Container Plc............................ 2.15
------------------------------------------------------------------------
Disclosure
We intend to disclose the calculations performed for these amended
final results to parties in this review, under administrative
protective order (APO), within five days of the date of publication of
this notice in the Federal Register, in accordance with 19 CFR
351.224(b).
Assessment Rate
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(1), 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 amended final
results of the administrative review.
Pursuant to 19 CFR 351.212(b)(1), where the respondent reported the
entered value of its U.S. sales, 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
did not report entered value, we calculated the entered value in order
to calculate the assessment rate. Where either 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 rate is zero
or de minimis, we will instruct CBP to liquidate the appropriate
entries without regard to antidumping duties.
Commerce's ``automatic assessment'' will apply to entries of
subject merchandise during the POR produced by SMPC for which it 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.
Commerce intends to issue assessment instructions to CBP no earlier
than 35 days after the date of publication of the amended 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
retroactively for all shipments of subject merchandise that entered, or
were withdrawn from warehouse, for consumption on or after February 23,
[[Page 22124]]
2024, the date of publication of the Final Results of this
administrative review, as provided for 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 these amended final results of
review; (2) for producers or exporters not covered in this review but
covered in a prior segment of the proceeding, the cash deposit rate
will continue to be the company-specific rate published for the most
recently completed segment of this proceeding; (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
rate established for the most recently completed segment of this
proceeding for the producer of the merchandise; and (4) if neither the
exporter nor the producer is a firm covered in this or any previously
completed segment of this proceeding, then the cash deposit rate will
be the all-others rate of 10.77 percent established in the less-than-
fair-value investigation.\6\ These cash deposit requirements, when
imposed, shall remain in effect until further notice.
---------------------------------------------------------------------------
\6\ See Steel Propane Cylinders from Thailand: Final
Determination of Sales at Less Than Fair Value, 84 FR 29168, 29169
(June 21, 2019).
---------------------------------------------------------------------------
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 this POR. Failure to comply with this
requirement could result in the 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 APO
of their responsibility concerning the disposition 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 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
The amended final results and notice are issued and published in
accordance with sections 751(h) and 777(i) of the Act and 19 CFR
351.224(e).
Dated: March 22, 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.
[FR Doc. 2024-06672 Filed 3-28-24; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on March 29, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.