Notice2025-05691
Circular Welded Carbon Steel Pipes and Tubes From Thailand: Preliminary Results and Partial Rescission of Antidumping Duty Administrative Review; 2023-2024
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
April 3, 2025
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, 2023, through February 29, 2024. Additionally, Commerce is rescinding the review, in part, with respect to 28 companies. Interested parties are invited to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 90 Issue 63 (Thursday, April 3, 2025)</title>
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[Federal Register Volume 90, Number 63 (Thursday, April 3, 2025)]
[Notices]
[Pages 14608-14611]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-05691]
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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 Partial Rescission of Antidumping Duty
Administrative Review; 2023-2024
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, 2023, through February
29, 2024. Additionally, Commerce is rescinding the review, in part,
with respect to 28 companies. Interested parties are invited to comment
on these preliminary results.
DATES: Applicable April 3, 2025.
FOR FURTHER INFORMATION CONTACT: Michael Romani, 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) 482-0198.
SUPPLEMENTARY INFORMATION:
Background
On March 11, 1986, Commerce published in the Federal Register the
antidumping duty (AD) order on circular welded carbon steel pipes and
tubes (CWP) from Thailand.\1\ On March 1, 2024, we published in the
Federal Register a notice of opportunity to request an administrative
review of the Order for the POR.\2\ On May 8, 2024, based on timely
requests for an administrative review, Commerce initiated an
administrative review of the Order.\3\ On July 3, 2024, Commerce
selected Saha Thai Steel Pipe Public Co., Ltd. (Saha Thai) for
individual examination as the sole mandatory respondent in this
administrative review.\4\ On December 12, 2024, Commerce notified
interested parties of our intent to rescind this administrative review
with respect to the 28 companies that had no suspended entries during
the POR.\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, 89 FR 15157, 15159
(March 1, 2024).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 89 FR 38867, 38870 (May 8, 2024).
\4\ See Memorandum, ``Respondent Selection,'' dated July 3,
2024.
\5\ See Memorandum, ``Intent to Partially Rescind Review,''
dated December 12, 2024 (Intent to Rescind Memorandum).
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On July 22, 2024, Commerce tolled certain deadlines in this
administrative proceeding by seven days.\6\ On November 25, 2024,
Commerce extended the time limit for these preliminary results to
February 28, 2025.\7\ Further, on December 9, 2024, Commerce tolled
certain deadlines in this administrative proceeding by 90 days.\8\ The
deadline for the preliminary results is now May 29, 2025. For a
complete description of the events following the initiation of this
administrative review, see the Preliminary Decision Memorandum.\9\
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\6\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
\7\ See Memorandum, ``Extension of Deadline for Preliminary
Results of the Antidumping Duty Administrative Review,'' dated
November 25, 2024.
\8\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated December 9, 2024.
\9\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Administrative Review of the Antidumping Duty Order
on Circular Welded Carbon Steel Pipes and Tubes from Thailand; 2023-
2024,'' dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
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A list of topics included in the Preliminary Decision Memorandum is
included in 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>.
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 Administrative Review, in Part
[[Page 14609]]
Pursuant to 19 CFR 351.213(d)(3), Commerce will rescind an
administrative review, in whole or in part, when it concludes that
there were no suspended entries of subject merchandise during the POR.
Normally, upon completion of an administrative review, the suspended
entries are liquidated at the AD assessment rate for the review
period.\10\ Therefore, for an administrative review to be conducted,
there must be a reviewable, suspended entry that Commerce can instruct
U.S. Customs and Border Protection (CBP) to liquidate at the calculated
AD assessment rate for the review period.\11\ Based on our analysis of
CBP information, we determined that 28 companies had no suspended
entries of subject merchandise during the POR. On December 12, 2024, we
notified the parties of our intent to rescind the administrative review
with respect to the 28 companies listed in Appendix II that had no
suspended entries of subject merchandise during the POR.\12\ No party
commented on our Intent to Rescind Memorandum. As a result, we are
rescinding this review for the 28 companies listed in Appendix II of
this notice.
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\10\ See, e.g., Certain Carbon and Alloy Steel Cut-to Length
Plate from the Federal Republic of Germany: Recission of Antidumping
Administrative Review; 2020-2021, 88 FR 4154 (January 24, 2023).
\11\ See, e.g., Shanghai Sunbeauty Trading Co., Ltd. v. United
States, 380 F. Supp. 3d 1328, 1337 (CIT 2019) (referring to section
751(a) of the Act, the U.S. Court of International Trade held that
``{w{time} hile the statute does not explicitly require that an
entry be suspended as a prerequisite for establishing entitlement to
a review, it does explicitly state the determined rate will be used
as the liquidation rate for the reviewed entries. This result can
only obtain if the liquidation of entries has been suspended''); see
also Certain Frozen Fish Fillets from the Socialist Republic of
Vietnam: Final Results of Antidumping Duty Administrative Review and
Final Determination of No Shipments; 2018-2019, 86 FR 36102 (July 8,
2021), and accompanying Issues and Decision Memorandum at Comment 4;
and Solid Fertilizer Grade Ammonium Nitrate from the Russian
Federation: Notice of Rescission of Antidumping Duty Administrative
Review, 77 FR 65532 (October 29, 2012) (noting that ``for an
administrative review to be conducted, there must be a reviewable,
suspended entry to be liquidated at the newly calculated assessment
rate'').
\12\ See Intent to Rescind Memorandum.
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Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) 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.
Rate for Non-Examined Company
The Act and Commerce's regulations do not address the establishment
of a rate to be applied to companies not selected for individual
examination when Commerce limits its examination in an administrative
review pursuant to section 777A(c)(2) of the Act. Generally, Commerce
looks to section 735(c)(5) of the Act, which provides instructions for
calculating the all-others rate in a market economy investigation, for
guidance when calculating the rate for companies which were not
selected for individual examination in an administrative review. Under
section 735(c)(5)(A) of the Act, the all-others rate is normally ``an
amount equal to the weighted average of the estimated weighted average
dumping margins established for exporters and producers individually
investigated, excluding any zero or de minimis margins, and any margins
determined entirely {on the basis of facts available{time} .''
In this review, we have preliminarily calculated a weighted-average
dumping margin of zero percent for the sole mandatory respondent, Saha
Thai. Consistent with the U.S. Court of Appeals for the Federal
Circuit's decision in Albemarle,\13\ and Commerce's practice,\14\ we
assigned the sole non-examined company under review, Thai Premium Pipe
Co. Ltd. (TPP), a weighted-average dumping margin of zero percent,
based on the rate calculated for Saha Thai, pursuant to section
735(c)(5)(B) of the Act.
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\13\ See Albemarle Corp. v. United States, 821 F.3d 1345 (Fed.
Cir. 2016) (Albemarle).
\14\ See Certain Cold-Rolled Steel Flat Products from the
Republic of Korea: Preliminary Results of Antidumping Duty
Administrative Review; 2020-2021,87 FR 60989 (October 7, 2022),
unchanged in Certain Cold-Rolled Steel Flat Products from the
Republic of Korea: Final Results of Antidumping Duty Administrative
Review; 2020-2021, 88 FR 20218 (April 5, 2023).
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Preliminary Results of Review
We preliminarily determine that the following estimated weighted-
average dumping margins exist for the period March 1, 2023, through
February 29, 2024:
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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 Saha 0.00
Thai Steel Pipe (Public) Company, Ltd.)....................
Thai Premium Pipe Co. Ltd................................... 0.00
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Disclosure
We intend to disclose the calculations and analysis performed for
these preliminary results to interested parties within five days of any
public announcement or, if there is no public announcement, within five
days of the date of publication of this notice in the Federal Register
in accordance with 19 CFR 351.224(b).
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance. Pursuant to 19 CFR
351.309(c)(1)(ii), we have modified the deadline for interested parties
to submit case briefs to Commerce to no later than 21 days after the
date of the publication of this notice.\15\ 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.\16\ 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.\17\
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\15\ See 19 CFR 351.309.
\16\ 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).
\17\ See 19 CFR 351.309(c)(2) and (d)(2).
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As provided to 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 administrative 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.\18\ 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 public 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 public executive summary of each issue.
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\18\ 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, limited to issues raised in case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and
[[Page 14610]]
Compliance via ACCESS within 30 days after the date of publication of
this notice. Hearing requests should contain: (1) the party's name,
address, and telephone number; (2) the number of participants and
whether any participant is a foreign national; and (3) a list of issues
to be discussed. Issues raised at the hearing will be limited to those
raised in the case and rebuttal briefs. If a hearing request is made,
parties will be notified of the date and time of the hearing.\19\
Parties should confirm the date and time of the hearing two days before
the scheduled date.
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\19\ See 19 CFR 351.310(d).
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All submissions, including case and rebuttal briefs, as well as
hearing requests, should be filed using ACCESS.\20\ 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).\21\
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\20\ See 19 CFR 351.303.
\21\ See APO and Final Service Rule.
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Assessment Rates
Pursuant to section 751(a)(2)(A) of the Act, upon completion of the
final results of this administrative review, Commerce shall determine
and CBP shall assess, antidumping duties on all appropriate entries of
subject merchandise covered by this review.\22\ If Saha Thai'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).\23\ If 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
to liquidate relevant entries without regards to antidumping
duties.\24\
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\22\ See 19 CFR 351.212(b)(1).
\23\ 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).
\24\ Id., 77 FR at 8102; see also 19 CFR 351.106(c)(2).
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In accordance with Commerce's ``automatic assessment'' practice,
for entries of subject merchandise during the POR produced by Saha Thai
for which it did not know that the merchandise was destined to the
United States, we will instruct CBP to liquidate those entries at the
all-others rate if there is no rate for the intermediate company(ies)
involved in the transaction.\25\
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\25\ 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 TPP, which was not selected for individual review, we will
instruct CBP to assess antidumping duties on all appropriate entries at
a rate equal to the weighted-average dumping margin determined in the
final results of this review, unless that rate is zero or de minimis,
in which case we intend to instruct CBP to liquidate relevant entries
without regards to antidumping duties. The final results of this 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.\26\
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\26\ See section 751(a)(2)(C) of the Act.
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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 cash deposit of
estimated antidumping duties required at the time of entry, or
withdrawal from warehouse, for consumption, during the period March 1,
2023, through February 29, 2024, in accordance with 19 CFR
351.212(c)(l)(i). Commerce intends to issue assessment instructions to
CBP for the rescinded companies no earlier than 35 days after the date
of publication of this notice in the Federal Register.
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.\27\
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\27\ See section 751(a)(2)(C) of the Act; and 19 CFR 351.212(b).
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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.
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.\28\ These cash deposit requirements, when
imposed, shall remain in effect until further notice.
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\28\ See Order.
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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.
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 Interested Parties
We are issuing and publishing these preliminary results in
accordance with sections 751(a)(1) and 777(i) of the Act,
[[Page 14611]]
and 19 CFR 351.213(h) and 351.221(b)(4).
Dated: March 27, 2025.
Christopher Abbott,
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. Rate for Non-Examined Company
V. Rescission of Administrative Review, In Part
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation
Appendix II
Companies Rescinded From This Administrative Review
1. Apex International Logistics
2. Aquatec Maxcon Asia
3. Asian Unity Part Co., Ltd.
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. 2025-05691 Filed 4-2-25; 8:45 am]
BILLING CODE 3510-DS-P
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