Notice2026-03193
Circular Welded Carbon Steel Pipes and Tubes From Thailand: Notice of Court Decision Not in Harmony With the Results of Antidumping Duty Administrative Review; Notice of Amended Final Results
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
February 18, 2026
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
On February 4, 2026, the U.S. Court of International Trade (CIT) issued its final judgment in Saha Thai Steel Pipe Public Company Limited v. United States, Court No. 21-00049, sustaining the Department of Commerce (Commerce)'s first remand results pertaining to the administrative review of the antidumping duty (AD) order on circular welded carbon steel pipes and tubes from Thailand covering the period March 1, 2018, through February 28, 2019. Commerce is notifying the public that the CIT's final judgment is not in harmony with Commerce's final results of the administrative review, and that Commerce is amending the final results with respect to the dumping margin assigned to Saha Thai Steel Pipe Public Company Limited (Saha Thai).
Full Text
<html>
<head>
<title>Federal Register, Volume 91 Issue 32 (Wednesday, February 18, 2026)</title>
</head>
<body><pre>
[Federal Register Volume 91, Number 32 (Wednesday, February 18, 2026)]
[Notices]
[Pages 7441-7442]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-03193]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-549-502]
Circular Welded Carbon Steel Pipes and Tubes From Thailand:
Notice of Court Decision Not in Harmony With the Results of Antidumping
Duty Administrative Review; Notice of Amended Final Results
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On February 4, 2026, the U.S. Court of International Trade
(CIT) issued its final judgment in Saha Thai Steel Pipe Public Company
Limited v. United States, Court No. 21-00049, sustaining the Department
of Commerce (Commerce)'s first remand results pertaining to the
administrative review of the antidumping duty (AD) order on circular
welded carbon steel pipes and tubes from Thailand covering the period
March 1, 2018, through February 28, 2019. Commerce is notifying the
public that the CIT's final judgment is not in harmony with Commerce's
final results of the administrative review, and that Commerce is
amending the final results with respect to the dumping margin assigned
to Saha Thai Steel Pipe Public Company Limited (Saha Thai).
DATES: Applicable February 14, 2026.
FOR FURTHER INFORMATION CONTACT: Thomas Cloyd, AD/CVD Operations,
Office VII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-1246.
SUPPLEMENTARY INFORMATION:
Background
On January 27, 2021, Commerce published in the Federal Register the
Final Results of the 2018-2019 AD administrative review of circular
welded carbon steel pipes and tubes from Thailand.\1\ Commerce found
that Saha Thai did not provide requested information with respect to a
substantial portion of its U.S. sales and failed to act to the best of
its ability.\2\ As a result, Commerce reached its final determination
based on facts otherwise available, including the application of
adverse inferences.\3\
---------------------------------------------------------------------------
\1\ See Circular Welded Carbon Steel Pipes and Tubes from
Thailand: Final Results of Antidumping Duty Administrative Review
and Final Determination of No Shipments, In Part; 2018-2019, 86 FR
7259 (January 29, 2021) (Final Results).
\2\ Id.
\3\ Id.
---------------------------------------------------------------------------
Saha Thai appealed Commerce's Final Results. On December 2, 2022,
the CIT remanded the Final Results to Commerce, holding that Commerce
had failed to provide notice and an opportunity to remedy as required
by law and that it had failed to explain adequately in the record the
reason that it chose to draw and adverse inference.\4\ The CIT found
that Commerce's decision was not supported by substantial evidence or
in accordance with the law and remanded the issue to Commerce for
further proceedings.\5\
---------------------------------------------------------------------------
\4\ See Saha Thai Steel Pipe Public Co., Ltd., v. United States,
605 F. Supp. 3d 1348 (CIT 2022) (Remand Order).
\5\ Id.
---------------------------------------------------------------------------
In its final remand redetermination, issued in July 2025, Commerce
reopened the record of the administrative review, solicited a full
revised questionnaire response from Saha Thai, and recalculated Saha
Thai's weighted-average dumping margin by including all sales of dual-
stenciled pipe.\6\ Commerce also analyzed a particular market situation
(PMS) in its final remand redetermination, finding that the nature of
Saha Thai's costs of producing subject merchandise was outside the
ordinary course and trade and indicated an extraordinary circumstance
that warrants a PMS adjustment.\7\ The CIT sustained Commerce's final
remand redetermination.\8\
---------------------------------------------------------------------------
\6\ See Final Results of Redetermination Pursuant to Court
Remand, Saha Thai Steel Pipe Public Co., Ltd., v. United States, 605
F. Supp. 3d 1348 (CIT 2022), dated July 31, 2025 (Final Remand).
\7\ See Final Remand.
\8\ See Saha Thai Steel Pipe Public Company Limited v. United
States, Ct. No. 21-00049, Slip Op. 26-9 (CIT February 4, 2026).
---------------------------------------------------------------------------
Timken Notice
In its decision in Timken,\9\ as clarified by Diamond
Sawblades,\10\ the U.S. Court of Appeals for the Federal Circuit held
that, pursuant to section 516A(c) and (e) of the Tariff Act of 1930, as
amended (the Act), Commerce must publish a notice of court decision
that is not ``in harmony'' with a Commerce determination and must
suspend liquidation of entries pending a ``conclusive'' court decision.
The CIT's February 4, 2026, judgment constitutes a final decision of
the CIT that is not in harmony with Commerce's Final Results. Thus,
this notice is published in fulfillment of the publication requirements
of Timken.
---------------------------------------------------------------------------
\9\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir.
1990) (Timken).
\10\ See Diamond Sawblades Manufacturers Coalition v. United
States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
---------------------------------------------------------------------------
[[Page 7442]]
Amended Final Results
Because there is now a final court judgment, Commerce is amending
its Final Results with respect to Saha Thai as follows:
------------------------------------------------------------------------
Remand
weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
Saha Thai Steel Pipe Public Co., Ltd....................... 0.00
------------------------------------------------------------------------
Cash Deposit Requirements
Because Saha Thai has a superseding cash deposit rate, i.e., there
have been final results published in a subsequent administrative
review, we will not issue revised cash deposit instructions to U.S.
Customs and Border Protection (CBP). This notice will not affect the
current cash deposit rate.
Liquidation of Suspended Entries
At this time, Commerce remains enjoined by CIT order from
liquidating entries that were: (1) produced and exported by Saha Thai
Steel Pipe Public Company Limited; (2) the subject of Commerce's Final
Results; and (3) entered, or withdrawn from warehouse, for consumption,
during the period March 1, 2018, through February 28, 2019. These
entries will remain enjoined pursuant to the terms of the injunction
during the pendency of any appeals process.
In the event the CIT's ruling is not appealed, or, if appealed,
upheld by a final and conclusive court decision, Commerce intends to
instruct CBP to assess antidumping duties on unliquidated entries of
subject merchandise (1) produced and exported by Saha Thai Steel Pipe
Public Company Limited; (2) the subject of Commerce's Final Results;
and (3) entered, or withdrawn from warehouse, for consumption, during
the period March 1, 2018, through February 28, 2019, in accordance with
19 CFR 351.212(b). We will instruct CBP to assess antidumping duties on
all appropriate entries covered by this review when the importer-
specific ad valorem assessment rate is not zero or de minimis. Where an
import-specific ad valorem assessment rate is zero or de minimis,\11\
we will instruct CBP to liquidate the appropriate entries without
regard to antidumping duties.
---------------------------------------------------------------------------
\11\ See 19 CFR 351.106(c)(2).
---------------------------------------------------------------------------
Notification to Interested Parties
This notice is issued and published in accordance with sections
516A(c) and (e) and 777(i)(1) of the Act.
Dated: February 12, 2026.
Christopher Abbott,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
[FR Doc. 2026-03193 Filed 2-17-26; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on February 18, 2026.
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.