[Federal Register Volume 78, Number 68 (Tuesday, April 9, 2013)]
[Notices]
[Pages 21105-21106]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-08234]
[[Page 21105]]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-549-502]
Circular Welded Carbon Steel Pipes and Tubes From Thailand:
Preliminary Results of Antidumping Duty Administrative Review; 2011-
2012
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is conducting an
administrative review of the antidumping duty order on circular welded
carbon steel pipes and tubes from Thailand. This review covers two
producers/exporters of the subject merchandise, Saha Thai Steel Pipe
(Public) Company, Ltd. (Saha Thai), and Pacific Pipe Company Limited
(Pacific Pipe). The period of review (POR) is March 1, 2011, through
February 29, 2012. The Department preliminarily determines that Saha
Thai has not sold subject merchandise at less than normal value (NV),
and that Pacific Pipe had no shipments of subject merchandise during
the POR. The preliminary results are listed below in the section titled
``Preliminary Results of Review.'' Interested parties are invited to
comment on these preliminary results.
DATES: Effective Date: April 9, 2013.
FOR FURTHER INFORMATION CONTACT: Jun Jack Zhao or Mark Hoadley, AD/CVD
Operations, Office 6, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
1396 or (202) 482-3148, respectively.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The products covered by the antidumping order are certain circular
welded carbon steel pipes and tubes from Thailand.\1\ The merchandise
is classifiable under the Harmonized Tariff Schedule of the United
States (HTSUS) item numbers 7306.30.1000, 7306.30.5025, 7306.30.5032,
7306.30.5040, 7306.30.5055, 7306.30.5085 and 7306.30.5090. Although the
HTSUS subheadings are provided for convenience and purposes of U.S.
Customs and Border Protection (CBP), the written description of the
merchandise subject to the order, available in Antidumping Duty Order:
Circular Welded Carbon Steel Pipes and Tubes from Thailand, 51 FR 8341
(March 11, 1986) (Order), is dispositive.
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\1\ See Memorandum to Paul Piquado, Assistant Secretary for
Import Administration, from Edward C. Yang, Senior Director, China/
Non-Market Economy Unit, entitled ``Decision Memorandum for the
Preliminary Results of Antidumping Duty Administrative Review:
Circular Welded Carbon Steel Pipes and Tubes from Thailand: 2011-
2012 Administrative Review,'' dated concurrently with this notice
(Preliminary Decision Memorandum), for a complete description of the
scope of the order.
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Preliminary Determination of No Shipments
Pacific Pipe, in a letter dated May 31, 2012, reported that it made
no shipments or sales of subject merchandise during the POR. On
September 12, 2012, the Department issued a ``No Shipment Inquiry'' to
CBP to confirm that there were no shipments or entries of circular
welded carbon steel pipes and tubes from Thailand exported by Pacific
Pipe during the POR. In addition, we obtained other documentation from
CBP to evaluate the accuracy of Pacific Pipe's no shipment claim.
Based on the certification of Pacific Pipe and our analysis of CBP
information, we preliminarily determine that Pacific Pipe had no
shipments during the POR. However, the Department finds that it is not
appropriate to rescind the review with respect to Pacific Pipe, but
rather to complete the review with respect to Pacific Pipe and issue
appropriate instructions to CBP based on the final results of this
review.\2\
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\2\ See, e.g., Magnesium Metal From the Russian Federation:
Preliminary Results of Antidumping Duty Administrative Review, 75 FR
26922, 26923 (May 13, 2010), unchanged in Magnesium Metal From the
Russian Federation: Final Results of Antidumping Duty Administrative
Review, 75 FR 56989 (September 17, 2010).
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Methodology
The Department has conducted this review in accordance with section
751(a)(2) of the Tariff Act of 1930, as amended (the Act). Export price
is calculated in accordance with section 772 of the Act. NV is
calculated in accordance with section 773 of the Act. In accordance
with section 773(b) of the Act, we disregarded certain sales by Saha
Thai in the home market which were made at below-cost prices and which
were otherwise outside of the ordinary course of trade. To determine
the appropriate comparison method, the Department applied a
``differential pricing'' analysis and has preliminarily determined to
use the average-to-average method in making comparisons of export price
and NV for Saha Thai.
For a full description of the methodology underlying our
conclusions, see Preliminary Decision Memorandum, which is hereby
adopted by this notice. The Preliminary Decision Memorandum is a public
document and is on file electronically via Import Administration's
Antidumping and Countervailing Duty Centralized Electronic Service
System (IA ACCESS). IA ACCESS is available to registered users at
http://iaaccess.trade.gov, and is available to all parties in the
Central Records Unit, room 7046 of the main Department of Commerce
building. In addition, a complete version of the Preliminary Decision
Memorandum can be accessed directly on the Internet at http://www.trade.gov/ia/. The signed Preliminary Decision Memorandum and the
electronic versions of the Preliminary Decision Memorandum are
identical in content.
Preliminary Results of Review
As a result of our review, we preliminarily determine the following
weighted-average dumping margins exist for the period March 1, 2011,
through February 29, 2012.
------------------------------------------------------------------------
Weighted-
average
Producer/Exporter dumping
margin
(percent)
------------------------------------------------------------------------
Saha Thai Steel Pipe (Public) Company, Ltd.............. 0.00
Pacific Pipe Company Limited............................ *
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* No shipments or sales subject to this review. The firm has an
individual rate from the last segment of the proceeding in which the
firm had shipments or sales.
Assessment Rates
Upon completion of this administrative review, the Department shall
determine and CBP shall assess antidumping duties on all appropriate
entries. If Saha Thai's weighted-average dumping margin is not zero or
de minimis in the final results of this review, we will calculate
importer-specific assessment rates on the basis of the ratio of the
total amount of dumping calculated for an importer's examined sales and
the total entered value of such sales in accordance with 19 CFR
351.212(b)(1). Where Saha Thai did not report the entered value for its
sales, we will calculate importer-specific (or customer-specific) per
unit duty assessment rates. Where an importer-specific assessment rate
is zero or de minimis, we will instruct CBP to liquidate the
appropriate entries without regard to antidumping duties in accordance
with 19 CFR 351.106(c)(2). If Saha Thai's weighted-average dumping
margin continues to be zero or de minimis in the final results of this
review, we will instruct CBP not to
[[Page 21106]]
liquidate the appropriate entries without regard to antidumping duties
in accordance with the Final Modification for Reviews, i.e.,
``{w{time} here the weighted-average margin of dumping for the exporter
is determined to be zero or de minimis, no antidumping duties will be
assessed.'' \3\
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\3\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101, 8102 (February 14,
2012) (Final Modification for Reviews).
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The Department clarified its ``automatic assessment'' regulation on
May 6, 2003.\4\ This clarification applies to entries of subject
merchandise during the POR produced by Saha Thai for which it did not
know its merchandise 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.
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\4\ For a full discussion of this clarification, see Antidumping
and Countervailing Duty Proceedings: Assessment of Antidumping
Duties, 68 FR 23954 (May 6, 2003) (Assessment Policy Notice).
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Consistent with the Assessment Policy Notice, if we continue to
find that Pacific Pipe had no shipments of subject merchandise to the
United States in the final results of this review, we intend to
instruct CBP to liquidate all existing entries of merchandise produced
by Pacific Pipe and exported by other parties at the all-others rate.
We intend to issue instructions to CBP 15 days after publication of
the final results of this review.
Cash Deposit Requirements
The following cash deposit requirements will be effective for all
shipments of circular welded carbon steel pipes and tubes from Thailand
entered, or withdrawn from warehouse, for consumption on or after 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 the company under review will be the rate established
in the final results of this review (except, if the rate is zero or de
minimis, i.e., less than 0.5 percent, then no cash deposit will be
required); (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 recent period; (3) if the exporter
is not a firm covered in this review, a prior review, or the less than
fair value (LTFV) investigation, but the manufacturer is, then the cash
deposit rate will be the rate established for the most recent period
for the manufacturer of the merchandise; and (4) if neither the
exporter nor the manufacturer is a firm covered in this or any previous
review or the LTFV investigation, then the cash deposit rate will be
the ``all-others'' rate of 15.67 percent established in the LTFV
investigation. See Order. These deposit rates, when imposed, shall
remain in effect until further notice.
Disclosure and Public Comment
We will disclose the calculations used in our analysis to parties
in this review within five days of the date of publication of this
notice in accordance with 19 CFR 351.224(b). Any interested party may
request a hearing within 30 days of the publication of this notice in
the Federal Register.\5\ If a hearing is requested, the Department will
notify interested parties of the hearing schedule.
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\5\ Parties submitting written comments must submit them
pursuant to the Department's e-filing regulations. See https://iaaccess.trade.gov/help/IA%20ACCESS%20User%20Guide.pdf or
Antidumping and Countervailing Duty Proceedings: Electronic Filing
Procedures; Administrative Protective Order Procedures, 76 FR 39263
(July 6, 2011).
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Interested parties are invited to comment on the preliminary
results of this review. Unless extended by the Department, interested
parties must submit case briefs within 30 days of the date of
publication of this notice. Rebuttal briefs, which must be limited to
issues raised in the case briefs, must be filed not later than five
days after the time limit for filing case briefs. See 19 CFR 351.309(c)
and (d). Parties who submit case briefs or rebuttal briefs in this
review are requested to submit with each argument: (1) A statement of
the issue, (2) a brief summary of the argument, and (3) a table of
authorities. Executive summaries should be limited to five pages total,
including footnotes.\6\
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\6\ Id.
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We intend to issue the final results of this administrative review,
including the results of our analysis of issues raised in the written
comments, within 120 days of publication of these preliminary results
in the Federal Register, unless otherwise extended. See section
751(a)(3)(A) of the Act.
Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f) 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 the Department's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of doubled antidumping duties.
These preliminary results of administrative review are issued and
published in accordance with sections 751(a)(1) and 777(i)(1) of the
Act.
Dated: April 2, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum:
1. Scope of the Order
2. Preliminary Determination of No Shipments
3. Comparisons to Normal Value
4. Product Comparisons
5. Date of Sale
6. Export Price
7. Normal Value
8. Currency Conversion
[FR Doc. 2013-08234 Filed 4-8-13; 8:45 am]
BILLING CODE 3510-DS-P