[Federal Register Volume 75, Number 18 (Thursday, January 28, 2010)]
[Notices]
[Pages 4529-4531]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-1783]


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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 New Shipper Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

SUMMARY: On August 31, 2009, the Department of Commerce (the 
Department) published the preliminary results of a semiannual new 
shipper review under the antidumping duty order on circular welded 
carbon steel pipes and tubes (pipes and tubes) from Thailand. See 
Circular Welded Carbon Steel Pipes and Tubes from Thailand: Preliminary 
Results of Antidumping Duty New Shipper Review, 74 FR 44825 (August 31, 
2009) (Preliminary Results). This new shipper review covers one 
producer/exporter of the subject merchandise to the United States, 
Pacific Pipe Public Company Limited (Pacific Pipe). The period of 
review (POR) is March 1, 2008 through September 30, 2008. Subsequent to 
the Preliminary Results, we conducted verification and provided parties 
with an opportunity to comment. We received timely case and rebuttal 
briefs, and have made changes to our calculation as a result of 
verification and based on our analysis of the comments. Therefore, the 
final results differ from those published in the Department's 
Preliminary Results. The final weighted-average dumping margin for the 
reviewed firm is listed below in the section entitled ``Final Results 
of the Review.''

DATES: Effective Date: January 28, 2010.

FOR FURTHER INFORMATION CONTACT: Myrna Lobo, AD/CVD Operations, Office 
6, Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, NW., 
Washington, DC 20230; telephone: (202) 482-2371.

SUPPLEMENTARY INFORMATION:

Background

    On August 31, 2009, the Department published the preliminary 
results of a semiannual new shipper review under the antidumping duty 
order covering pipes and tubes from Thailand. See Preliminary Results. 
The domestic interested parties for this proceeding are Allied Tube & 
Conduit Corporation and Wheatland Tube Company (petitioners).
    On September 17, 2009, the Department issued a third supplemental 
questionnaire to Pacific Pipe in order to evaluate further the bona 
fide nature of Pacific Pipe's U.S. sale and to seek clarification on 
sales information previously submitted. Pacific Pipe timely responded 
on September 29, 2009. The Department conducted a verification of 
Pacific Pipe in Bangkok, Thailand in October 2009 and issued a 
verification report. See Memorandum to File from Myrna Lobo, 
International Trade Compliance Analyst, Office 6, Verification of the 
Sales Response of Pacific Pipe Public Company, Limited in the 
Antidumping New Shipper Review of Circular Welded Carbon Steel Pipes 
and Tubes from Thailand, dated November 5, 2009 (Verification Report). 
We invited parties to comment on the Preliminary Results and 
Verification Report. We received a timely filed case brief from Pacific 
Pipe and a timely filed rebuttal brief from petitioners. The Department 
did not receive a request for a hearing.
    On November 19, 2009, the Department published a notice

[[Page 4530]]

extending the deadline for the final results to January 21, 2009. See 
Circular Welded Carbon Steel Pipes and Tubes from Thailand: Extension 
of Time Limit for Final Results of Antidumping Duty New Shipper Review, 
74 FR 59961 (November 19, 2009).

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.

Bona Fides Analysis of U.S. Sale

    In the Preliminary Results, we determined that Pacific Pipe's U.S. 
sale was a bona fide transaction. See Memorandum to Dana Mermelstein, 
Program Manager, from Myrna Lobo, Case Analyst, regarding Bona Fide 
Nature of the Sale in the Antidumping Duty New Shipper Review of 
Circular Welded Carbon Steel Pipes and Tubes from Thailand: Pacific 
Pipe Public Company, Limited, dated August 24, 2009 (Bona Fides 
Preliminary Memorandum). The Department also stated it would continue 
to examine, through the remainder of the review, all factors relating 
to the bona fides of the sale. We have further examined the bona fides 
of Pacific Pipe's U.S. sale, and for these final results we continue to 
find the sale to be a bona fide transaction. For further details, see 
Memorandum to Dana Mermelstein, Program Manager, from Myrna Lobo, Case 
Analyst, Bona Fide Analysis of Pacific Pipe's U.S. Sale for the Final 
Results of Antidumping Duty New Shipper Review of Circular Welded 
Carbon Steel Pipes and Tubes from Thailand: Pacific Pipe Public 
Company, Limited, dated concurrently with this notice (Bona Fides Final 
Memorandum).

Verification

    As provided in 19 CFR 351.307(b)(1)(iv), the Department conducted 
verification of Pacific Pipe's questionnaire responses at the company's 
offices in Bangkok, Thailand from October 5 through 8, 2009. Our 
verification results are detailed in the Verification Report.

Analysis of Comments Received

    All issues raised in Pacific Pipe's case brief and petitioners' 
rebuttal brief are addressed in the Memorandum to Ronald K. Lorentzen, 
Deputy Assistant Secretary for Import Administration, from John M. 
Andersen, Acting Deputy Assistant Secretary for Antidumping and 
Countervailing Duty Operations, Antidumping Duty New Shipper Review of 
Circular Welded Carbon Steel Pipes and Tubes from Thailand--Pacific 
Pipe Public Company, Limited: Issues and Decision Memorandum for the 
Final Results, dated concurrently with this notice (Issues and Decision 
Memorandum), which is hereby adopted by this notice. A list of the 
issues raised, all of which are addressed in the Issues and Decision 
Memorandum, is appended to this notice. Parties can find a complete 
discussion of all issues raised in the case and rebuttal briefs and the 
corresponding recommendations in this public memorandum, which is on 
file in the Central Records Unit (CRU), room 1117 of the main 
Department of Commerce building. In addition, a complete version of the 
Issues and Decision Memorandum can be accessed directly on the Web at 
http://www.trade.gov/ia/. The paper copy and electronic version of the 
Issues and Decision Memorandum are identical in content.

Changes Since the Preliminary Results

    Based on the results of verification and our analysis of the 
comments received from the interested parties, we have made changes 
where appropriate, to the margin calculation for Pacific Pipe. 
Specifically, we have excluded certain sales from the margin 
calculation which we consider to be scrap sales; we have included 
expenses incurred on U.S. packing and other U.S. direct selling 
expenses (such as certain bank charges) identified at verification; and 
finally, we have combined ASTM A53 Grade A and Grade B sales in the 
home market, consistent with the product matching criteria. For a 
complete discussion of the changes which the Department has made to the 
margin calculation for Pacific Pipe, see Memorandum to Dana 
Mermelstein, Program Manager, from Myrna Lobo, Case Analyst, Analysis 
of Pacific Pipe Public Company, Limited, for the Final Results of the 
Antidumping Duty New Shipper Review of Circular Welded Carbon Steel 
Pipes and Tubes from Thailand for the period 03/01/2008 through 09/30/
2008, dated January 21, 2010 (Final Analysis Memorandum). A public 
version of this memorandum is on file in the CRU.

Final Results of the Review

    We determine the following percentage weighted-average margin 
exists for the period March 1, 2008 through September 30, 2008:

------------------------------------------------------------------------
                                                               Margin
                   Manufacturer/exporter                      (percent)
------------------------------------------------------------------------
Pacific Pipe Public Co., Ltd..............................         5.14
------------------------------------------------------------------------

Disclosure

    We will disclose the calculations used in our analysis to parties 
to these proceedings within five days of the date of publication of 
this notice. See 19 CFR 351.224(b).

Assessment

    The Department will determine, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries. In accordance with 751(a)(2) of the Tariff Act of 1930, as 
amended (the Act), and 19 CFR 351.212(b)(1), the Department normally 
calculates an assessment rate for each importer of the subject 
merchandise covered by the review. Pacific Pipe reported the entered 
value of its sale of subject merchandise to the United States during 
the POR. Therefore, in accordance with 19 CFR 351.212(b)(1), we have 
calculated importer-specific duty assessments rates by dividing the 
dumping margin found on the subject merchandise examined by the entered 
value of such merchandise for normal customs duty purposes. Where the 
assessment rate is above de minimis, we will instruct CBP to assess 
duties on all entries of subject merchandise by that importer. The 
Department intends to issue assessment instructions directly to CBP 15 
days after publication of these final results of review.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of this notice of final results of new shipper review for 
all shipments of circular welded carbon steel pipes and tubes entered, 
or withdrawn from warehouse, for consumption on or after the date of 
publication, as provided by section 751(a)(2)(C) of the Act: (1) For 
subject merchandise produced and exported by Pacific Pipe, the cash 
deposit rate will be the rate established in the final results of this 
new shipper review; (2) if the exporter is not a firm

[[Page 4531]]

covered in this review, a prior review, or the original less-than-fair 
value investigation, but the manufacturer is, the cash-deposit rate 
will be the rate established for the most recent period for the 
manufacturer of the merchandise; and (3) the cash-deposit rate for all 
other manufacturers or exporters will continue to be the all-others 
rate of 15.67 percent, which is the all-others rate established in the 
less than fair value investigation. 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). These cash deposit 
requirements shall remain in effect until further notice.

Notification to Importers

    This notice also 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 doubled antidumping duties.

Notification Regarding Administrative Protective Orders

    This notice also serves as a reminder to parties subject to 
administrative protective orders (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305, which continues 
to govern business proprietary information in this segment of the 
proceeding. 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 violation that is subject to sanction.
    The final results of this new shipper review are issued and 
published in accordance with sections 751(a)(2)(B) and 777(i) of the 
Act and 19 CFR 351.214.

    Dated: January 21, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.

Appendix

Comments in the Issues and Decision Memorandum

Comment 1: Whether the Department Should Use Invoice Date as the 
Date of Sale for the U.S. Sale in the Final Results.
Comment 2: Whether the Department Should Continue to Treat Home 
Market Pre-Sale Freight and Warehousing Expenses as Movement 
Expenses.
Comment 3: Whether Pacific Pipe Has Established that Transportation 
Rates Paid to its Affiliated Carrier Are at Arm's Length.
[FR Doc. 2010-1783 Filed 1-27-10; 8:45 am]
BILLING CODE 3510-DS-P