Notice2024-20750
Steel Propane Cylinders From Thailand: Preliminary Results 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
September 13, 2024
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, 2022, through July 31, 2023. We invite interested parties to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 89 Issue 178 (Friday, September 13, 2024)</title>
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[Federal Register Volume 89, Number 178 (Friday, September 13, 2024)]
[Notices]
[Pages 74878-74880]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-20750]
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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; 2022-2023
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, 2022, through July 31, 2023. We
invite interested parties to comment on these preliminary results.
DATES: Applicable September 13, 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 August 15, 2019, Commerce published the antidumping duty order
on steel propane cylinders from Thailand.\1\ On August 2, 2023,
Commerce published in the Federal Register a notice of opportunity to
request an administrative review of the Order.\2\ On August 30, 2023,
Commerce received a timely request to conduct an administrative review
of the Order from SMPC, and on August 31, 2023, Worthington Industries
(the petitioner) requested a review of SMPC.\3\ On October 18, 2023,
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.\4\ Pursuant to section 751(a)(3)(A) of the Act, Commerce
extended the deadline for the preliminary results until August 30,
2024.\5\ On July 22, 2024, Commerce tolled certain deadlines in this
administrative proceeding by seven days.\6\ The deadline for the
preliminary results is now September 6, 2024.
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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, 88 FR 50840 (August 2,
2023).
\3\ See SMPC's Letter, ``Request for Antidumping Duty
Administrative Review,'' dated August 30, 2023; see also
Petitioner's Letter, ``Request for Fourth (2022-2023) Administrative
Review of the Antidumping Duty Order,'' dated August 31, 2023.
\4\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 71829, 71835 (October 18, 2023).
\5\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated April 3,
2024.
\6\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
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For a detailed description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\7\
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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\7\ See Memorandum, ``Decision Memorandum for Preliminary
Results of the Administrative Review of the Antidumping Duty Order
on Steel Propane Cylinders from Thailand; 2022-2023,'' 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
[[Page 74879]]
the scope of the Order, see the Preliminary Decision Memorandum.\8\
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\8\ 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, 2022, through
July 31, 2023:
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Weighted-
average
Exporter/producer dumping
margin
(percent)
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Sahamitr Pressure Container Plc............................ 3.18
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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.\9\ 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.\10\ Interested parties who submit case briefs
or rebuttal briefs in this proceeding must submit: (1) a table of
contents listing each issue; and (2) a table of authorities.\11\
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\9\ See 19 CFR 351.309(c)(1)(ii); see also 19 CFR 351.303 (for
general filing requirements).
\10\ 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 Service Procedures).
\11\ 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.\12\ Further,
we request that interested parties limit their public executive summary
of each issue to no more than 450 words, not including citations. We
intend to use the public executive summaries as the basis of the
comment summaries included in the issues and decision memorandum that
will accompany the final determination in this investigation. We
request that interested parties include footnotes for relevant
citations in the public executive summary of each issue. Note that
Commerce has amended certain of its requirements pertaining to the
service of documents in 19 CFR 351.303(f).\13\
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\12\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\13\ See APO and Service Procedures.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce, filed
electronically, using ACCESS. within 30 days after the date of
publication of this notice in the Federal Register. Hearing requests
should contain: (1) the party's name, address and telephone number; (2)
the number of participants; (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. An electronically filed request
must be received successfully in its entirety by ACCESS by 5:00 p.m.
Eastern Time, within 30 days of the publication date of this notice. If
a request for a hearing is made, parties will be notified of the time
and date of the hearing.\14\
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\14\ See 19 CFR 351.310(d).
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Final Results of Review
Unless the deadline is extended pursuant to section 751(a)(3)(A) of
the Act and 19 CFR 351.213(h)(2), Commerce intends to issue the final
results of this administrative review, including the results of our
analysis of the issues raised in any case briefs, not later than 120
days after the date of publication of this notice.
Assessment Rates
Pursuant to section 751(a)(2)(A) of the Act and 19 CFR
351.212(b)(1), Commerce will determine, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries of subject merchandise in accordance with the final results of
this review. Commerce intends to issue assessment instructions to CBP
no earlier than 35 days after the date of publication of the final
results of this administrative 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).
If SMPC'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,
Commerce intends to calculate importer-specific assessment rates on the
basis of the ratio of the total amount of dumping calculated for each
importer's examined sales to the total entered value of those sales.
Where we do not have entered values for all U.S. sales to a particular
importer, we will calculate an importer-specific, per-unit assessment
rate on the basis of the ratio of the total amount of dumping
calculated for the importer's examined sales to the total quantity of
those sales.\15\ 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. If SMPC's weighted-average dumping margin is
zero or de minimis or where an importer-specific ad valorem assessment
rate is zero or de minimis, we will instruct CBP to liquidate
appropriate entries without regard to antidumping duties.\16\
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\15\ See 19 CFR 351.212(b)(1).
\16\ 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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In accordance with Commerce's ``automatic assessment'' practice,
for entries of subject merchandise during the POR produced by SMPC for
which it did not know that the merchandise was destined for the United
States, we intend to instruct CBP to liquidate those entries at the
all-others rate in the original less-than-fair-value (LTFV)
investigation (i.e., 10.77 percent) \17\ if there is no rate for the
intermediate company(ies) involved in the transaction.\18\
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\17\ See Order, 84 FR at 41704.
\18\ 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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Cash Deposit Requirements
The following cash deposit requirements will be effective for all
shipments of the subject merchandise
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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 company-specific
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 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 LTFV investigation
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.\19\ These cash deposit requirements, when imposed, shall
remain in effect until further notice.
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\19\ 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: September 6, 2024.
Abdelali Elouaradia,
Deputy 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. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation
[FR Doc. 2024-20750 Filed 9-12-24; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on September 13, 2024.
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