[Federal Register Volume 85, Number 64 (Thursday, April 2, 2020)]
[Notices]
[Pages 18552-18554]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-06911]
-----------------------------------------------------------------------
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 and
Preliminary Determination of No Shipments; 2018-2019
AGENCY: Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily finds that
Saha Thai Steel Pipe Public Co., Ltd., also known as Saha Thai Steel
Pipe (Public) Co., Ltd. (collectively, Saha Thai), as well as 28 non-
examined companies, did not make sales of subject merchandise at less
than normal value during the period of review (POR) March 1, 2018
through February 28, 2019. We further preliminarily determine that K
Line Logistics (K-Line) had no shipments during the POR. We invite
interested parties to comment on these preliminary results.
DATES: Applicable April 2, 2020.
FOR FURTHER INFORMATION CONTACT: Toni Page, 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) 482-1398.
SUPPLEMENTARY INFORMATION:
Background
In accordance with section 751(a)(2) of the Tariff Act of 1930, as
amended (the Act), Commerce is conducting an administrative review of
the antidumping duty order on circular welded carbon steel pipes and
tubes (pipes and tubes) from Thailand. The POR is March 1, 2018 through
February 28, 2019. This review includes 30 companies, including Saha
Thai which Commerce selected for individual examination.
On December 2, 2019, Commerce extended the time for issuing the
preliminary results of this review from 245 days to 333 days.\1\ On
February 26, 2020, we further extended the deadline for the preliminary
results by an additional 29 days until March 27, 2020.\2\ For a more
complete description of the events between the initiation of this
review and these preliminary results, see the Preliminary Decision
Memorandum.\3\
---------------------------------------------------------------------------
\1\ See Memorandum, ``2018-2019 Antidumping Duty Administrative
Review of Circular Welded Carbon Steel Pipes and Tubes from
Thailand: Extension of Deadline for Preliminary Results of
Antidumping Duty Administrative Review,'' dated December 2, 2019.
\2\ See Memorandum, ``2018-2019 Antidumping Duty Administrative
Review of Circular Welded Carbon Steel Pipes and Tubes from
Thailand: Extension of Deadline for Preliminary Results of
Antidumping Duty Administrative Review,'' dated February 26, 2020.
\3\ See Memorandum, ``Circular Welded Carbon Steel Pipes and
Tubes from Thailand: Decision Memorandum for the Preliminary Results
of Antidumping Duty Administrative Review, and Preliminary
Determination of No Shipments; 2018-2019,'' dated concurrently with,
and hereby adopted by, this notice (Preliminary Decision
Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The products covered by the antidumping order are pipes and tubes
from Thailand. The subject merchandise has an outside diameter of 0.375
inches or more, but not exceeding 16 inches. For a full description of
the scope of this order, see the Preliminary Decision Memorandum.\4\
---------------------------------------------------------------------------
\4\ See Preliminary Decision Memorandum at ``Scope of the
Order.''
---------------------------------------------------------------------------
Preliminary Determination of No Shipments
Based on an analysis of U.S. Customs and Border Protection (CBP)
information, and comments provided by interested parties regarding the
CBP data, Commerce preliminarily determines that K-Line had no
shipments during the POR. For additional information regarding this
determination, see the Preliminary Decision Memorandum.
Methodology
Commerce conducted this review in accordance with section 751(a)(2)
of the Act. Export price is calculated in accordance with section 772
of the Act. Normal value is calculated in accordance with section 773
of the Act.
For a full description of the methodology underlying these
preliminary results, see the Preliminary Decision Memorandum. A list of
topics discussed in the Preliminary Decision Memorandum is attached in
the appendix to this notice. The Preliminary Decision Memorandum is a
public document and is on file electronically via Enforcement and
Compliance's
[[Page 18553]]
Antidumping and Countervailing Duty Centralized Electronic Service
System (ACCESS). ACCESS is available to registered users at http://access.trade.gov, and to all parties in the Central Records Unit, Room
B8024 of the main Commerce building. In addition, the signed
Preliminary Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed and the electronic versions of
the Preliminary Decision Memorandum are identical in content.
Preliminary Results of Review
Commerce preliminarily determines that the following weighted-
average dumping margins exist for the period March 1, 2018 through
February 28, 2019:
------------------------------------------------------------------------
Weighted-
average
Producer or exporter dumping
margin
(percent)
------------------------------------------------------------------------
Saha Thai Steel Pipe Public Company, Ltd. (also known as 0.00
Saha Thai Steel Pipe (Public) Company, Ltd.)...........
Apex International Logistics............................ 0.00
Aquatec Maxcon Asia..................................... 0.00
Asian Unity Part Co., Ltd............................... 0.00
Bis Pipe Fitting Industry Co., Ltd...................... 0.00
Blue Pipe Steel Center.................................. 0.00
Blue Pipe Steel Center Co., Ltd......................... 0.00
Chuhatsu (Thailand) Co., Ltd............................ 0.00
CSE Technologies Co., Ltd............................... 0.00
Expeditors International (Bangkok)...................... 0.00
Expeditors Ltd.......................................... 0.00
FS International (Thailand) Co., Ltd.................... 0.00
Kerry-Apex (Thailand) Co., Ltd.......................... 0.00
Oil Steel Tube (Thailand) Co., Ltd...................... 0.00
Otto Ender Steel Structure Co., Ltd..................... 0.00
Pacific Pipe and Pump................................... 0.00
Pacific Pipe Public Company Limited (also known as 0.00
Pacific Pipe Company)..................................
Panalpina World Transport Ltd........................... 0.00
Polypipe Engineering Co., Ltd........................... 0.00
Schlumberger Overseas S.A............................... 0.00
Siam Fittings Co., Ltd.................................. 0.00
Siam Steel Pipe Co., Ltd................................ 0.00
Sino Connections Logistics (Thailand) Co., Ltd.......... 0.00
Thai Malleable Iron and Steel........................... 0.00
Thai Oil Group.......................................... 0.00
Thai Oil Pipe Co., Ltd.................................. 0.00
Thai Premium Pipe Co., Ltd.............................. 0.00
Vatana Phaisal Engineering Company...................... 0.00
Visavakit Patana Corp., Ltd............................. 0.00
------------------------------------------------------------------------
Rate for Non-Examined Companies
The statute and Commerce's regulations do not address the
establishment of a weighted-average dumping margin to be applied to
companies not selected for individual examination when Commerce limits
its examination in an administrative review pursuant to section
777A(c)(2) of the Act. Generally, Commerce looks to section 735(c)(5)
of the Act, which provides instructions for calculating the all-others
rate in a less-than-fair-value (LTFV) investigation, for guidance when
calculating the weighted-average dumping margin for companies which
were not selected for individual examination in an administrative
review. Under section 735(c)(5)(A) of the Act, the all-others rate is
normally 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
(i.e., less than 0.5 percent) margins, and any margins determined
entirely on the basis of facts available. However, section 735(c)(5)(B)
of the Act states that if the weighted-average dumping margins for all
individually examined exporters or producers are zero, de minimis, or
based entirely on facts available, then Commerce may use ``any
reasonable method'' to establish the all-others rate, including
averaging the weighted-average dumping margins for the individually
examined companies.
Consistent with section 735(c)(5)(B) of the Act, we have determined
that a reasonable method for determining the weighted-average dumping
margin for each of the non-selected companies is to use the weighted-
average dumping margin calculated for the mandatory respondent (i.e.,
Saha Thai) in this administrative review. Although the weighted-average
dumping margin calculated for Saha Thai is zero, this is the only
contemporaneous rate, i.e., calculated in this review, and, thus,
Commerce has determined the weighted-average dumping margin for the
non-examined companies to be zero.\5\
---------------------------------------------------------------------------
\5\ See Certain Lined Paper Products from India: Final Results
of Antidumping Duty Administrative Review; 2016-2017, 84 FR 23017
(May 21, 2019).
---------------------------------------------------------------------------
Disclosure and Public Comment
We intend to disclose the calculations performed to parties in this
proceeding within five days after public announcement of the
preliminary results in accordance with 19 CFR 351.224(b).
Pursuant to 19 CFR 351.309(c), interested parties may submit case
briefs not later than 30 days after the date of publication of this
notice. Rebuttal briefs, limited to issues raised in the case briefs,
may be filed not later than seven days after the date for filing case
briefs.\6\ Parties who submit case briefs or rebuttal briefs in this
proceeding are encouraged to submit with each argument: (1) A statement
of the issue; (2) a brief summary of the argument; and (3) a table of
authorities.\7\ Case and rebuttal briefs should be filed using ACCESS
\8\ and must be served on interested parties.\9\ Executive summaries
should be limited to five pages total, including footnotes. Note that
Commerce has temporarily modified certain of its requirements for
serving documents containing business proprietary information, until
May 19, 2020, unless extended.\10\
---------------------------------------------------------------------------
\6\ See Temporary Rule Modifying AD/CVD Service Requirements Due
to COVID-19, 85 FR 17006, 17007 (March 26, 2020).
\7\ See 19 CFR 351.303 (for general filing requirements).
\8\ See generally 19 CFR 351.303.
\9\ See 19 CFR 351.303(f).
\10\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19, 85 FR 17006 (March 26, 2020).
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
Commerce's electronic records system, ACCESS. An electronically filed
document must be received successfully in its entirety in ACCESS by 5
p.m. Eastern Time within 30 days after the date of publication of this
notice. Requests should contain: (1) The party's name, address and
telephone number; (2) the number of participants; and (3) a list of
issues to be discussed. Issues raised in the hearing will be limited to
those raised by each party in their respective case brief.
Commerce intends to issue the final results of this administrative
review, including the results of its analysis of the issues raised in
any written briefs, not later than 120 days after the date of
publication of this notice, unless extended, pursuant to section
751(a)(3)(A) of the Act.
Assessment Rates
Upon completion of this administrative review, Commerce shall
determine and CBP shall assess antidumping duties on all appropriate
entries. If an examined respondent's weighted-average dumping margin is
not zero or de minimis in the final results of this review, we will
calculate
[[Page 18554]]
importer-specific ad valorem 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). For non-examined respondents, Commerce shall direct
CBP to assess antidumping duties at an ad valorem rate equal to the
company-specific weighted-average dumping margin determined in the
final results of this review. Where either the respondent's weighted-
average dumping margin is zero or de minimis within the meaning of 19
CFR 351.106(c), or an importer-specific assessment rate is zero or de
minimis, we will instruct CBP to liquidate the appropriate entries
without regard to antidumping duties.
Commerce clarified its ``automatic assessment'' regulation on May
6, 2003.\11\ 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.
---------------------------------------------------------------------------
\11\ For a full discussion of this clarification, see
Antidumping and Countervailing Duty Proceedings: Assessment of
Antidumping Duties, 68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------
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 subject merchandise 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 companies
under review will be equal to the weighted-average dumping margin
established in the final results of this review (except, if that rate
is de minimis, then the cash deposit rate will be zero); (2) for
previously reviewed or investigated companies not listed above in the
preliminary results of this review, including those for which Commerce
may determine had no shipments during the POR, 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 or another completed segment of this
proceeding, 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
previously completed segment of this proceeding, then the cash deposit
rate will be the all- others rate of 15.67 percent, established in the
less-than-fair-value investigation.\12\ These deposit requirements,
when imposed, shall remain in effect until further notice.
---------------------------------------------------------------------------
\12\ See Antidumping Duty Order: Circular Welded Carbon Steel
Pipes and Tubes from Thailand, 51 FR 8341 (March 11, 1986).
---------------------------------------------------------------------------
Notification to Importers
This notice serves as a preliminary 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 Commerce's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Notification to Interested Parties
We are issuing and publishing these preliminary results in
accordance with sections 751(a)(1) and 777(i) of the Act, and 19 CFR
351.213(h) and 351.221(b)(4).
Dated: March 27, 2020
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Preliminary Determination of No Shipments
V. Comparison to Normal Value
VI. Particular Market Situation
VII. Product Comparisons
VIII. Discussion of Methodology
IX. Rates for Non-Examined Companies
X. Recommendation
[FR Doc. 2020-06911 Filed 4-1-20; 8:45 am]
BILLING CODE 3510-DS-P