[Federal Register Volume 79, Number 208 (Tuesday, October 28, 2014)]
[Notices]
[Pages 64170-64172]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-25611]
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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; 2012-2013
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On April 24, 2014, 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.\1\ 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, 2012, through February 28, 2013. The
Department received comments from interested parties. For the final
results, we find that Saha Thai has not sold subject merchandise at
less than normal value (NV), and we continue to find that Pacific Pipe
had no shipments of subject merchandise during the POR.
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\1\ See Circular Welded Carbon Steel Pipes and Tubes From
Thailand: Preliminary Results of Antidumping Duty Administrative
Review; 2012-2013, 79 FR 22794 (April 24, 2014) (Preliminary
Results).
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DATES: Effective Date: October 28, 2014.
FOR FURTHER INFORMATION CONTACT: Jason Rhoads, AD/CVD Operations,
Office VII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
0123.
SUPPLEMENTARY INFORMATION:
Background
On April 24, 2014, the Department published, and invited interested
parties to comment on, the Preliminary Results. Saha Thai and Wheatland
Tube Company submitted case briefs on June 16, 2014, and submitted
rebuttal briefs on June 23, 2014.
[[Page 64171]]
The Department 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.\2\ The subject
merchandise has an outside diameter of 0.375 inches or more, but not
exceeding 16 inches. 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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\2\ 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: 2012-2013 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.\3\
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\3\ See Preliminary Results.
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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://enforcement.trade.gov/frn/index.html. 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 (1) used Saha
Thai's most up-to-date cost of production file, and (2) adjusted Saha
Thai's duty drawback amount so that the amount added to export price is
consistent with the amount added to Saha Thai's calculated cost of
production.\4\
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\4\ 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,\5\ the Department will instruct CBP to liquidate
appropriate entries for Saha Thai without regard to antidumping duties.
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\5\ 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.\6\ 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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\6\ 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 cash 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 the cash deposit rate will be the ``all-others'' rate of 15.67
percent established in the LTFV investigation.\7\ These deposit rates,
when imposed, shall remain in effect until further notice.
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\7\ 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
[[Page 64172]]
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 21, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
Comment 1: The Department Inadvertently Used the Incorrect Section D
Cost File in the Preliminary Results Calculations
Comment 2: For Transactions with Sale Dates Prior to the POR, the
Department Should Use the Corresponding Costs from the Prior POR
Comment 3: The Department Should Revise Saha Thai's Reported Costs
To Exclude the Grade B Adjustments
Comment 4: Calculation of Saha Thai's Freight Revenue Cap
Comment 5: Withdrawal of the Regulatory Provisions Governing
Targeted Dumping in Less-Than-Fair-Value Investigations
Comment 6: Consideration of an Alternative Comparison Methodology in
Administrative Reviews
Comment 7: Differential Pricing
Comment 8: Calculation of Saha Thai's Duty Drawback Adjustment
Comment 9: Application of Adverse Facts Available to Affiliated
Party Transactions Discovered at Verification
[FR Doc. 2014-25611 Filed 10-27-14; 8:45 am]
BILLING CODE 3510-DS-P