[Federal Register Volume 76, Number 93 (Friday, May 13, 2011)]
[Notices]
[Pages 27987-27988]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-11825]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-549-502]


Circular Welded Carbon Steel Pipes and Tubes From Thailand: 
Amended Final Results of Antidumping Duty Administrative Review 
Pursuant to Final Court Decision

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

SUMMARY: On February 14, 2011, the U.S. Court of Appeals for the 
Federal Circuit (CAFC) sustained the U.S. Court of International 
Trade's (CIT) decision in Saha Thai Steel Pipe (Public) Co., Ltd. v. 
United States, Consol Ct. 08-00380, Slip Op. 10-1 (Ct. Int'l Trade 
January 4, 2010) (Saha Thai CIT Decision). See Saha Thai Steel Pipe 
(Public) Co., Ltd. v. United States, No. 2010-1220, -1224, 2011 U.S. 
App. Lexis 2811 (Fed. Cir. Feb. 14, 2011) (Saha Thai CAFC Decision). 
Because all litigation in this matter has now concluded, the Department 
of Commerce (Department) is amending the final results of the 
administrative review of the antidumping order on circular welded 
carbon steel pipes and tubes from Thailand, which covered Saha Thai 
Steel Pipe (Public) Co., Ltd. (Saha Thai) and the period March 1, 2006, 
through February 28, 2007. See Circular Welded Carbon Steel Pipes and 
Tubes from Thailand: Final Results of Antidumping Duty Administrative 
Review, 73 FR 61019 (October 15, 2008) (Final Results).

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

SUPPLEMENTARY INFORMATION:

[[Page 27988]]

Background

    On October 15, 2008, the Department published the final results of 
its 2006-2007 administrative review of circular welded carbon steel 
pipes and tubes from Thailand. See Final Results. In the Final Results, 
the Department granted an upward adjustment to export price (EP) in 
accordance with section 772(c)(1) of the Tariff Act of 1930, as amended 
(the Act), which directs the Department to increase EP by ``the amount 
of any import duties imposed by the country of exportation which have 
been rebated, or which have not been collected, by reason of the 
exportation of the subject merchandise to the United States.'' We 
calculated the upward adjustment to EP for exempted import duties on 
material inputs using Saha Thai's actual yield loss factor rather than 
the yield loss factor set by the Government of Thailand (GOT). See 
Final Results and accompanying Issues and Decision Memorandum at 
Comment 4. We also adjusted the cost of production and the constructed 
value to include an amount equal to the value of the import duties 
exempted on material inputs. Saha Thai and the Domestic Interested 
Parties \1\ challenged the Department's Final Results.
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    \1\ The Domestic Interested Parties are Allied Tube and Conduit 
Corp. and Wheatland Tube Company.
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    In Saha Thai Steel Pipe (Public) Company v. United States, Consol. 
Ct. 08-00380, Slip Op. 09-116 (October 15, 2009), the CIT affirmed the 
Final Results on all but one issue. The CIT directed the Department to 
recalculate Saha Thai's antidumping margin using the GOT-determined 
yield loss factor to calculate the adjustment to EP for exempted import 
duties. On December 11, 2009, the Department issued its final results 
of redetermination pursuant to the CIT's October 15, 2009 ruling. See 
the Results of Redetermination Pursuant to Remand (found at http://ia.ita.doc.gov/remands/index.html) (Remand). The CIT issued its final 
decision on January 4, 2010 affirming the Remand. See Saha Thai CIT 
Decision. Consistent with the CAFC decision in Timken Co. v. United 
States, 893 F.2d 337 (Fed. Cir. 1990), the Department published, in the 
Federal Register, a notice of a court decision that is not ``in 
harmony'' with the Department's final results. See Circular Welded 
Carbon Steel Pipes and Tubes From Thailand: Court Decision Not in 
Harmony with Final Results of Administrative Review, 75 FR 2487 
(January 15, 2010).
    On February 22, 2010, Saha Thai appealed the Saha Thai CIT 
Decision, arguing that an increase in the cost of production to account 
for ``fictitious'' costs was not warranted. Saha Thai also argued that 
the inclusion of these exempted import duties in the cost of production 
constitutes double counting. On March 1, 2010, the Domestic Interested 
Parties appealed the Saha Thai CIT Decision challenging the 
Department's two-prong test that must be met before the Department 
makes an upward adjustment to EP pursuant to section 772(c)(B)(1) of 
the Act. Under the two-prong test, the exporter/producer must show 
that: (i) The import duty and rebate are directly linked to one 
another, and (ii) sufficient imports are made to account for the 
finished merchandise exported to the United States. The Domestic 
Interested Parties argued that the Department can only increase EP when 
import duties are ``imposed by the country of exportation,'' and, in 
this case, the duties were exempted rather than collected and drawn 
back or rebated. In its Saha Thai CAFC Decision, the CAFC rejected Saha 
Thai's and the Domestic Interested Parties' arguments and upheld the 
Saha Thai CIT Decision, thus sustaining the Remand in full. See Saha 
Thai CAFC Decision. No party appealed the CAFC's decision. Because 
there is now a final and conclusive decision, we are issuing these 
amended final results of review to reflect the results of the Remand.

Amended Final Results of the Review

    We are amending the final results of the 2006-2007 administrative 
review of circular welded carbon steel pipes and tubes from Thailand in 
accordance with the Remand. The revised weighted-average margin for 
Saha Thai is 4.21 percent for the period March 1, 2006, through 
February 28, 2007.

Assessment of Duties

    The Department has determined, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries covered by these amended final results. The Department intends 
to issue liquidation instructions to CBP 15 days after publication of 
these amended final results in the Federal Register. The cash deposit 
rate will remain the company-specific rate established in the most 
recently completed administrative review of Saha Thai. See Circular 
Welded Carbon Steel Pipes and Tubes From Thailand: Amended Final 
Results of Antidumping Duty Administrative Review, 75 FR 73033 
(November 29, 2010). We are issuing and publishing these amended final 
results of administrative review in accordance with sections 751(a)(1) 
and 777(i) of the Act.

    Dated: May 9, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2011-11825 Filed 5-12-11; 8:45 am]
BILLING CODE 3510-DS-P