[Federal Register Volume 79, Number 104 (Friday, May 30, 2014)]
[Notices]
[Pages 31093-31095]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-12588]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-549-830]
Welded Stainless Pressure Pipe From Thailand: Final Determination
of Sales at Less Than Fair Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce
DATES: Effective Date: May 30, 2014.
SUMMARY: The Department of Commerce (``Department'') determines that
welded
[[Page 31094]]
stainless pressure pipe (``WSPP'') from Thailand is being, or is likely
to be, sold in the United States at less than fair value (``LTFV''), as
provided in section 735 of the Tariff Act of 1930, as amended (the
``Act''). The final dumping margins for this investigation are listed
in the ``Final Determination'' section below.
FOR FURTHER INFORMATION CONTACT: Brandon Farlander or Trisha Tran, AD/
CVD Operations, Office IV, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
0182 or (202) 482-4852, respectively.
SUPPLEMENTARY INFORMATION:
Background
The Department published its Preliminary Determination on January
7, 2014,\1\ and its Amended Preliminary Determination on February 26,
2014.\2\ On March 13, 2014, we received a case brief \3\ from Bristol
Metals, LLC, Felker Brothers Corp., and Outokumpu Stainless Pipe, Inc.
(``Petitioners''). On March 18, 2014, we received a rebuttal brief \4\
from Thai-German Products Public Company Limited (``TGP''). Based on an
analysis of the comments received, the Department made changes from the
Preliminary Determination and Amended Preliminary Determination.
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\1\ See Welded Stainless Pressure Pipe From Thailand:
Preliminary Determination of Sales at Less Than Fair Value and
Postponement of Final Determination, 79 FR 812 (January 7, 2014)
(``Preliminary Determination'').
\2\ See Welded Stainless Pressure Pipe From Thailand: Amended
Preliminary Determination of Sales at Less Than Fair Value, 79 FR
10772 (February 26, 2014) (``Amended Preliminary Determination'').
\3\ See submission from Petitioners, ``Welded Stainless Pressure
Pipe From Thailand: Petitioners' Case Brief,'' dated March 13, 2014
(``Petitioners' Case Brief'').
\4\ See submission from TGP, ``Welded Stainless Steel Pressure
Pipe From Thailand; Rebuttal Brief,'' dated March 18, 2014 (``TGP's
Rebuttal Brief'').
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Period of Investigation
The period of investigation (``POI'') is April 1, 2012, through
March 31, 2013.
Scope of the Investigation
The merchandise covered by this investigation is circular welded
austenitic stainless pressure pipe not greater than 14 inches in
outside diameter. For purposes of this investigation, references to
size are in nominal inches and include all products within tolerances
allowed by pipe specifications. This merchandise includes, but is not
limited to, the American Society for Testing and Materials (ASTM) A-312
or ASTM A-778 specifications, or comparable domestic or foreign
specifications. ASTM A-358 products are only included when they are
produced to meet ASTM A-312 or ASTM A-778 specifications, or comparable
domestic or foreign specifications.
Excluded from the scope are: (1) Welded stainless mechanical
tubing, meeting ASTM A-554 or comparable domestic or foreign
specifications; (2) boiler, heat exchanger, superheater, refining
furnace, feedwater heater, and condenser tubing, meeting ASTM A-249,
ASTM A-688 or comparable domestic or foreign specifications; and (3)
specialized tubing, meeting ASTM A269, ASTM A-270 or comparable
domestic or foreign specifications.
The subject imports are normally classified in subheadings
7306.40.5005, 7306.40.5040, 7306.40.5062, 7306.40.5064, and
7306.40.5085 of the Harmonized Tariff Schedule of the United States
(HTSUS). They may also enter under HTSUS subheadings 7306.40.1010,
7306.40.1015, 7306.40.5042, 7306.40.5044, 7306.40.5080, and
7306.40.5090. The HTSUS subheadings are provided for convenience and
customs purposes only; the written description of the scope of the
investigation is dispositive.
Verification
As provided in section 782(i) of the Act, from January 20, 2014
through January 24, 2014, the Department attempted to verify the sales
information submitted by TGP for use in the final determination. The
Department used standard verification procedures, including examination
of relevant accounting and production records and original source
documents provided by the respondent. At verification, the Department
discovered that TGP did not report the vast majority of its home market
sales.\5\ In light of that, we cancelled TGP's cost verification.\6\
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\5\ See Memorandum From Trisha Tran and Brandon Farlander,
Senior International Trade Compliance Analysts, AD/CVD Operations,
Office IV, to the File, ``Antidumping Duty Investigation of Welded
Stainless Pressure Pipe From Thailand: Verification of the
Questionnaire Responses of Thai-German Products Public Company
Limited,'' (March 5, 2014) (``TGP Sales Verification Report'').
\6\ See TGP's Sales Verification Report.
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties in
this investigation are addressed in the Issues and Decision
Memorandum.\7\ A list of the issues raised by the parties and to which
the Department responded 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, which is in 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://enforcement.trade.gov/frn/index.html. The paper copy and electronic version of the Issues and
Decision Memorandum are identical in content.
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\7\ See Memorandum from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations, to
Paul Piquado, Assistant Secretary for Import Administration,
``Issues and Decision Memorandum for the Final Determination in the
Antidumping Duty Investigation of Welded Stainless Pressure Pipe
(``WSPP'') From Thailand'' (May 22, 2014) (``Issues and Decision
Memorandum'').
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Changes Since the Preliminary Determination and Amended Preliminary
Determination
Based on our analysis of the comments received and our findings at
verification:
We applied total adverse facts available (``AFA'') to TGP
and assigned to it the highest margin alleged in the petition, i.e.,
24.01 percent, as TGP's AFA rate.\8\
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\8\ See Issues and Decision Memorandum at Comments 1 and 2.
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We revised the ``All Others'' rate.\9\
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\9\ See Issues and Decision Memorandum at Comment 4.
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``All Others'' Rate
Section 735(c)(5)(A) of the Act provides that the estimated all-
others rate shall be 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 and margins based entirely under section 776 of the Act.
Pursuant to sectin 735(c)(5)(B) of the Act, if the estimated weighted-
average dumping margins established for all exporters and producers
individually examined are zero, de minimis or determined based entirely
under section 776 of the Act, the Department may use any reasonable
method to establish the estimated weighted-average dumping margin for
all other producers or exporters. In the Amended Preliminary
Determination, the Department calculated the ``All Others'' rate based
[[Page 31095]]
on TGP's rate from the Preliminary Determination. In light of the
Department's assignment of total AFA to TGP (and, previously to Ametai
Co., Ltd. and Thareus Co., Ltd (Ametai/Thareus), the other mandatory
respondent in this investigation), TGP's rate is no longer appropriate
for the all others rate. In cases where there are no weighted-average
dumping margins besides zero or de minimis, or where the rates
established for individually investigated entities have been determined
entirely under section 776 of the Act, the Department averages the
margins calculated in the petition and applies the result to all other
entities not individually examined.\10\ The average of the petition
margins (i.e., 23.77 percent and 24.01 percent) is 23.89 percent.\11\
Therefore, the ``All Others'' rate applied to all other entities not
individually examined is 23.89 percent.
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\10\ See Steel Threaded Rod From Thailand: Preliminary
Determination of Sales at Less Than Fair Value and Affirmative
Preliminary Determination of Critical Circumstances, 78 FR 79670,
79671 (December 31, 2013) (``Steel Threaded Rod From Thailand'');
see also Notice of Preliminary Determination of Sales at Less Than
Fair Value: Sodium Nitrite From the Federal Republic of Germany, 73
FR 21909 (April 23, 2008); unchanged in Notice of Final
Determination of Sales at Less Than Fair Value: Sodium Nitrite From
the Federal Republic of Germany, 73 FR 38986 (July 8, 2008).
\11\ See Welded Stainless Pressure Pipe From Thailand
Investigation Initiation Checklist, dated June 5, 2013, at 8, citing
Welded Stainless Pressure Pipe From Thailand: Correction to
Supplemental Response, dated May 30, 2013, at Exhibit III-8.
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Final Determination
The Department determines that the following final dumping margins
exist for the POI:
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Dumping
Manufacturer/exporter margin
(percent)
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Ametai Co., Ltd./Thareus Co., Ltd........................... * 24.01
Thai-German Products Public Company Limited................. 24.01
All Others.................................................. 23.89
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* Unchanged from the Amended Preliminary Determination.
Disclosure
The Department intends to disclose calculations performed for this
final determination to the parties within five days of the date of
publication of this notice in accordance with 19 CFR 351.224(b).
Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, the Department
will instruct U.S. Customs and Border Protection (``CBP'') to continue
to suspend liquidation of all appropriate entries of WSPP from Thailand
as described in the ``Scope of the Investigation'' section, which were
entered, or withdrawn from warehouse, for consumption on or after
January 7, 2014, the date of publication of the Preliminary
Determination in the Federal Register. CBP shall require a cash deposit
equal to the estimated amount by which the normal value exceeds the
U.S. price as follows: (1) The rates for Ametai/Thareus and TGP will be
the rates we have determined in this final determination; (2) if the
exporter is not a firm identified in this investigation but the
producer is, the rate will be the rate established for the producer of
the subject merchandise; (3) the rate for all other producers or
exporters will be 23.89 percent, as discussed in the ``All Others
Rate'' section, above. These instructions suspending liquidation will
remain in effect until further notice.
U.S. International Trade Commission (``ITC'') Notification
In accordance with section 735(d) of the Act, we will notify the
ITC of our final affirmative determination of sales at LTFV. Because
the final determination in this proceeding is affirmative, in
accordance with section 735(b)(2) of the Act, the ITC will make its
final determination as to whether the domestic industry in the United
States is materially injured, or threatened with material injury, by
reason of imports or sales for importation of WSPP from Thailand no
later than 45 days after our final determination. If the ITC determines
that material injury or threat of material injury does not exist, the
proceeding will be terminated and all securities posted will be
refunded or canceled. If the ITC determines that such injury does
exist, the Department will issue an antidumping duty order directing
CBP to assess, upon further instruction by the Department, antidumping
duties on all imports of the subject merchandise entered, or withdrawn
from warehouse, for consumption on or after the effective date of the
suspension of liquidation.
Notification Regarding Administrative Protective Orders (``APO'')
This notice also serves as a reminder to the parties subject to APO
of their responsibility concerning the disposition of propriety
information disclosed under APO in accordance with 19 CFR 351.305.
Timely written notification of 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.
This determination is issued and published in accordance with
sections 735(d) and 777(i)(1) of the Act.
Dated: May 22, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix
Issues for the Final Determination
I. Summary
II. Background
III. POI
IV. Scope
V. Adverse Facts Available
VI. Discussion of the Issues
Comment 1: Whether To Apply Total AFA With Respect to TGP
Comment 2: AFA Rate To Apply to TGP
Comment 3: Whether To Apply a Higher AFA Rate to Ametai/Thareus
Comment 4: Whether To Revise the ``All Others'' Rate and, If
Yes, What Rate To Select Recommendation
[FR Doc. 2014-12588 Filed 5-29-14; 8:45 am]
BILLING CODE 3510-DS-P