[Federal Register Volume 71, Number 178 (Thursday, September 14, 2006)]
[Notices]
[Pages 54266-54268]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-15271]


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DEPARTMENT OF COMMERCE

International Trade Administration

(A-549-502)


Circular Welded Carbon Steel Pipes and Tubes from Thailand: 
Notice of Final Results of Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On April 7, 2006, the Department of Commerce (the Department) 
published the preliminary results of administrative review of the 
antidumping duty order on circular welded carbon steel pipes and tubes 
from Thailand in the Federal Register. See Circular Welded Steel Pipes 
and Tubes from Thailand: Preliminary Results of Antidumping Duty 
Administrative Review, 71 FR 17810 (April 7, 2006) (Preliminary 
Results). The review covers one producer of the subject merchandise. 
The period of review is March 1, 2004 through February 28, 2005. Based 
on our analysis of the comments received, we have made changes to the 
preliminary results, which are discussed in the ``Changes Since the 
Preliminary Results'' section below. For the final dumping margins, see 
the ``Final Results of Review'' section below.

EFFECTIVE DATE: September 14, 2006.

FOR FURTHER INFORMATION CONTACT: Jacqueline Arrowsmith or Dana 
Mermelstein, AD/CVD Operations, Office 6, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street & Constitution Avenue, NW., Washington, DC 20230; telephone: 
(202) 482-5255 or (202) 482-1391, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On April 7, 2006, the Department published the Preliminary Results. 
In the Preliminary Results, we stated our intention to request further 
information from Saha Thai to allow Saha Thai the opportunity to 
demonstrate that there are two distinct levels of trade in the home 
market. On April 21, 2006, we issued a supplemental questionnaire for 
this purpose to Saha Thai and its affiliated resellers. Saha Thai 
submitted its response on May 8, 2006.
    We invited parties to comment on the Preliminary Results. On May 
18, 2006, we provided specific deadlines. On June 1, 2006, we received 
a case brief from the sole respondent, Saha Thai Steel Pipe Company, 
Ltd. (Saha Thai) and

[[Page 54267]]

from Allied Tube and Conduit Corporation and Wheatland Tube Company 
(collectively, petitioners); respondent and petitioners each submitted 
a rebuttal brief on June 6, 2006. On August 3, 2006, the Department 
published in the Federal Register a notice extending the final results 
from August 5, 2006 to September 7, 2006. See Extension of Time Limit 
for Final Results of Antidumping Duty Administrative Review: Circular 
Welded Carbon Steel Pipes and Tubes from Thailand, 71 FR 44016 (August 
3, 2006).

Scope of the Order

    The products covered by this antidumping order are certain welded 
carbon steel pipes and tubes from Thailand. The subject merchandise has 
an outside diameter of 0.375 inches or more, but not exceeding 16 
inches. These products, which are commonly referred to in the industry 
as ``standard pipe'' or ``structural tubing,'' are hereinafter 
designated as ``pipes and tubes.'' 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), our written description of the scope of 
the order is dispositive.

Analysis of Comments Received

    The issues raised in the case and rebuttal briefs by parties to 
this administrative review are addressed in the Issues and Decision 
Memorandum to David M. Spooner, Assistant Secretary for Import 
Administration, from Stephen J. Claeys, Deputy Assistant Secretary for 
Import Administration (Decision Memorandum), dated concurrently with 
this notice and which is hereby adopted by this notice. A list of the 
issues addressed in the Decision Memorandum is appended to this notice. 
The Decision Memorandum is on file in the central records unit (CRU), 
and can be accessed directly on the Web at http://ia.ita.doc.gov/frn. 
The paper copy and electronic version of the Decision Memorandum are 
identical in content.

Changes Since the Preliminary Results

    Based on our analysis of comments received, we have made 
adjustments to our margin calculations. The adjustments are discussed 
in detail in the Decision Memorandum.

Final Results of Review

    As a result of our review, we determine that the following 
weighted-average margin exists for the period of March 1, 2004 through 
February 28, 2005:

------------------------------------------------------------------------
                Manufacturer/Exporter                  Margin (percent)
------------------------------------------------------------------------
Saha Thai Steel Pipe Company, Ltd...................                2.26
------------------------------------------------------------------------

Assessment

    The Department shall determine, and CBP shall assess, antidumping 
duties on all appropriate entries. Pursuant to 19 CFR 351.212(b)(1), 
the Department calculates an assessment rate for each importer of the 
subject merchandise for each respondent. Upon issuance of the final 
results of this administrative review, if any importer-specific rates 
calculated in the final results are above de minimis (i.e., at or above 
0.5 percent), the Department will issue appraisement instructions 
directly to CBP to assess antidumping duties on appropriate entries.
    To determine whether the duty assessment rates covering the period 
were de minimis, in accordance with the requirement set forth in 19 CFR 
351.106(c)(2), for each respondent we calculated importer (or 
customer)-specific ad valorem rates by aggregating the dumping margins 
calculated for all U.S. sales to that importer or customer and dividing 
this amount by the total value of the sales to that importer (or 
customer). Where an importer (or customer)-specific ad valorem rate is 
greater than de minimis, and the respondent has reported reliable 
entered values, we apply the assessment rate to the entered value of 
the importer's/customer's entries during the review period. Where an 
importer (or customer)-specific ad valorem rate is greater than de 
minimis and we do not have reliable entered values, we calculate a per-
unit assessment rate by aggregating the dumping duties for all U.S. 
sales to each importer (or customer) and dividing this amount by the 
total quantity sold to that importer (or customer). The Department will 
issue appropriate assessment instructions directly to CBP within 15 
days of the final results of this review.
    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003 (68 FR 23954). This clarification will apply to entries of 
subject merchandise during the period of review produced by the company 
included in these final results of review for which the reviewed 
company did not know their merchandise was destined for the United 
States. In such instances, we will instruct CBP to liquidate unreviewed 
entries at the ``all others'' rate from the investigation if there is 
no rate for the intermediate company involved in the transaction. See 
Circular Welded Carbon Steel Pipes and Tubes from Thailand; Final 
Determination of Sales at Less Than Fair Value, 51 FR 3384 (January 27, 
1986). For a full discussion of this clarification, see Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 
FR 23954 (May 6, 2003).

Cash Deposits

    The following deposit requirements will be effective upon 
publication of the final results of this administrative review for all 
shipments of subject merchandise entered, or withdrawn from warehouse, 
for consumption on or after the publication date of these final 
results, as provided by section 751(a)(2)(c) of the Act: (1) For 
companies covered by this review, the cash deposit rate will be the 
rate listed above; (2) for merchandise exported by producers or 
exporters not covered in this review but covered in a previous segment 
of this proceeding, the cash deposit rate will continue to be the 
company-specific rate published in the most recent final results in 
which that producer or exporter participated; (3) if the exporter is 
not a firm covered in this review or in any previous segment of this 
proceeding, but the producer is, the cash deposit rate will be that 
established for the producer of the merchandise in these final results 
of review or in the most recent final results in which that producer 
participated; and, (4) if neither the exporter nor the producer is a 
firm covered in this review or in any previous segment of this 
proceeding, the cash deposit rate will be 15.67 percent, the ``all 
others'' rate established in the less-than-fair-value investigation.

Notification to Importers

    This notice also serves as a final 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 Secretary's presumption that 
reimbursement of antidumping duties occurred, and in the subsequent 
assessment of double antidumping duties.

[[Page 54268]]

Notification Regarding Administrative Protective Orders

    This notice is the only reminder to parties subject to the 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under the 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 the terms of an APO is a sanctionable 
violation.
    We are issuing and publishing these final results and this notice 
in accordance with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: September 7, 2006.
David M. Spooner,
Assistant Secretary for Import Administration.

Appendix I Issues in Decision Memorandum

Comment 1: Saha Thai's Revocation Request
Comment 2: Antidumping Duty Exemptions
Comment 3: Duty Drawback
Comment 4: Product Matching for Fence Tube
Comment 5: Level of Trade in the Home Market
Comment 6: Zeroing of Saha Thai's Sales
[FR Doc. E6-15271 Filed 9-13-06; 8:45 am]
BILLING CODE 3510-DS-S