[Federal Register Volume 78, Number 211 (Thursday, October 31, 2013)]
[Notices]
[Pages 65272-65274]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-25808]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-549-502]
Circular Welded Carbon Steel Pipes and Tubes From Thailand: Final
Results of Antidumping Duty Administrative Review; 2011-2012
AGENCY: Enforcement and Compliance, formerly Import Administration,
International Trade Administration, Department of Commerce.
SUMMARY: On April 9, 2013, the Department of Commerce (the Department)
published the preliminary results of the administrative review of the
antidumping duty order on circular welded carbon steel pipes and tubes
from Thailand. This review covers two producers and/or 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 received comments from interested parties. For the final
results we continue to find 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.
DATES: Effective Date: October 31, 2013.
FOR FURTHER INFORMATION CONTACT: Jun Jack Zhao or Mark Hoadley, AD/CVD
Operations, Office 6, Enforcement and Compliance, 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:
Background
On April 9, 2013, the Department published the preliminary results
of the administrative review of the antidumping duty order on circular
welded carbon steel pipes and tubes from Thailand.\1\ We invited
interested parties to comment on the Preliminary Results. Saha Thai,
Wheatland Tube Company, and United States Steel
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Corporation each submitted case brief on May 9, 2013, and submitted
rebuttal briefs on May 21, 2013,\2\ with respect to the Preliminary
Results.
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\1\ See Circular Welded Carbon Steel Pipes and Tubes from
Thailand: Preliminary Results of Antidumping Duty Administrative
Review; 2011-2012, 78 FR 21105 (April 9, 2013) (Preliminary
Results).
\2\ Wheatland Tube Company resubmitted its rebuttal brief on
July 10, 2013, with certain bracketing of information removed
pursuant to the instructions of the Department.
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As explained in the memorandum from the Assistant Secretary for
Enforcement and Compliance, the Department has exercised its discretion
to toll deadlines for the duration of the closure of the Federal
Government from October 1, through October 16, 2013.\3\ Therefore, all
deadlines in this segment of the proceeding have been extended by 16
days. The revised deadline for the final results of this review is now
October 23, 2013.
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\3\ See Memorandum for the Record from Paul Piquado, Assistant
Secretary for Enforcement and Compliance, ``Deadlines Affected by
the Shutdown of the Federal Government'' (October 18, 2013).
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The Department has conducted this administrative review in
accordance with section 751(a) of the Tariff Act of 1930, as amended
(the Act).
Scope of the Order
The products covered by the antidumping order are certain circular
welded carbon steel pipes and tubes from Thailand.\4\ 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 is dispositive. A full description of
the scope of the order is contained in the Issues and Decision
Memorandum, which is hereby adopted by this notice.
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\4\ See Memorandum to Paul Piquado, Assistant Secretary for
Enforcement and Compliance, from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations,
entitled ``Issues and Decision Memorandum for the Final Results of
Antidumping Duty Administrative Review of Circular Welded Carbon
Steel Pipes and Tubes from Thailand: 2011-2012 Administrative
Review,'' dated concurrently with this notice (Issues and Decision
Memorandum), for a complete description of the scope of the order.
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Final Determination of No Shipments
For the final results of this review, we continue to find that
Pacific Pipe had no shipments during the POR.\5\
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\5\ See Preliminary Results, 78 FR at 21105.
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
this review are addressed in the Issues and Decision Memorandum. A list
of issues that parties raised and to which we respond in the Issues and
Decision Memorandum is attached to this notice as an Appendix. The
Issues and Decision Memorandum is a public document and is on file
electronically via Enforcement and Compliance'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 Issues and Decision Memorandum can
be accessed directly on the Internet at http://trade.gov/enforcement/.
The signed Issues and Decision Memorandum and the electronic versions
of the Issues and Decision Memorandum are identical in content.
Changes Since the Preliminary Results
Based on a review of the record as well as comments received from
parties regarding the Preliminary Results, we made two revisions to
Saha Thai's margin calculation for the final results. We revised the
differential pricing analysis to define purchaser based on Saha Thai's
reported consolidated customer code in the U.S. market, and we revised
Saha Thai's general and administrative expenses.\6\
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\6\ See Saha Thai's Final Analysis Memorandum and Memorandum to
the File, entitled ``Final Results of the Administrative Review of
Circular Welded Carbon Steel Pipes and Tubes from Thailand: Analysis
Memorandum for Saha Thai Steel Pipe (Public) Company, Ltd.,'' dated
concurrently with this notice.
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Final Results of Review
As a result of our review, we determine the following weighted-
average dumping margins exist for the period March 1, 2011, through
February 29, 2012.
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Weighted-
average
Producer/exporter dumping
margin
(percent)
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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
In accordance with 19 CFR 351.106(c)(2) and the Final Modification
for Reviews,\7\ the Department will instruct U.S. Customs and Border
Protection (CBP) to liquidate appropriate entries for Saha Thai without
regard to antidumping duties.
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\7\ 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.\8\ 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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\8\ 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, because we continue
to find that Pacific Pipe had no shipments of subject merchandise to
the United States, we will instruct CBP to liquidate all applicable
entries of merchandise produced by Pacific Pipe and exported by other
parties at the rate for the intermediate reseller, if available, or 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 deposit requirements will be effective upon
publication of the notice of final results of administrative review 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 as provided by section 751(a)(2) of the
Act: (1) The cash deposit rate for Saha Thai will be 0.00 percent, the
weighted-average dumping margin established in the final results of
this administrative review; (2) for Pacific Pipe and 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; (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 recently
completed segment of this proceeding 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
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the cash deposit rate will be the ``all-others'' rate of 15.67 percent
established in the LTFV investigation.\9\ These deposit rates, when
imposed, shall remain in effect until further notice.
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\9\ See Antidumping Duty Order: Circular Welded Carbon Steel
Pipes and Tubes from Thailand, 51 FR 8341 (March 11, 1986).
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Notifications
This notice 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 review period. Failure to comply
with this requirement could result in the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the destruction of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of the return or destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and terms of an APO is a sanctionable
violation.
The Department is issuing and publishing these final results of
administrative review in accordance with sections 751(a)(1) and
777(i)(1) of the Act.
Dated: October 23, 2013.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
Comment 1: Issues with the Differential Pricing Analysis
Comment 2: Withdrawal of the Targeted Dumping Regulation
Comment 3: Use of an Alternative Comparison Method in Administrative
Reviews
Comment 4: Denial of Offsets with the Average-to-Transaction
Comparison Method
Comment 5: Freight Revenue Cap
Comment 6: Date of Sale for Saha Thai's U.S. Sales
Comment 7: Saha Thai's Grade Distinctions
Comment 8: ``Schedule'' as a Model Matching Characteristic
Comment 9: Warehouse Costs Incurred on Painted Products
Comment 10: Treatment of Non-Prime Products in Calculating the Cost
of Production
Comment 11: Steel Scrap Offset
Comment 12: General and Administrative Expense Ratio (Warehouse
Rental Income and Expense)
Comment 13: Zinc Scrap Offset
[FR Doc. 2013-25808 Filed 10-30-13; 8:45 am]
BILLING CODE 3510-DS-P