[Federal Register Volume 78, Number 211 (Thursday, October 31, 2013)]
[Notices]
[Pages 65272-65274]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-25808]


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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; 2011-2012

AGENCY: Enforcement and Compliance, formerly Import Administration, 
International Trade Administration, Department of Commerce.

SUMMARY: On April 9, 2013, 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. 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, 2011, through February 29, 2012. The 
Department received comments from interested parties. For the final 
results we continue to find that Saha Thai has not sold subject 
merchandise at less than normal value (NV), and that Pacific Pipe had 
no shipments of subject merchandise during the POR.

DATES: Effective Date: October 31, 2013.

FOR FURTHER INFORMATION CONTACT: Jun Jack Zhao or Mark Hoadley, AD/CVD 
Operations, Office 6, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
1396 or (202) 482-3148, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On April 9, 2013, 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\ We invited 
interested parties to comment on the Preliminary Results. Saha Thai, 
Wheatland Tube Company, and United States Steel

[[Page 65273]]

Corporation each submitted case brief on May 9, 2013, and submitted 
rebuttal briefs on May 21, 2013,\2\ with respect to the Preliminary 
Results.
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    \1\ See Circular Welded Carbon Steel Pipes and Tubes from 
Thailand: Preliminary Results of Antidumping Duty Administrative 
Review; 2011-2012, 78 FR 21105 (April 9, 2013) (Preliminary 
Results).
    \2\ Wheatland Tube Company resubmitted its rebuttal brief on 
July 10, 2013, with certain bracketing of information removed 
pursuant to the instructions of the Department.
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    As explained in the memorandum from the Assistant Secretary for 
Enforcement and Compliance, the Department has exercised its discretion 
to toll deadlines for the duration of the closure of the Federal 
Government from October 1, through October 16, 2013.\3\ Therefore, all 
deadlines in this segment of the proceeding have been extended by 16 
days. The revised deadline for the final results of this review is now 
October 23, 2013.
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    \3\ See Memorandum for the Record from Paul Piquado, Assistant 
Secretary for Enforcement and Compliance, ``Deadlines Affected by 
the Shutdown of the Federal Government'' (October 18, 2013).
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    The Department has 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.\4\ 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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    \4\ 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: 2011-2012 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.\5\
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    \5\ See Preliminary Results, 78 FR at 21105.
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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://trade.gov/enforcement/. 
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 revised the 
differential pricing analysis to define purchaser based on Saha Thai's 
reported consolidated customer code in the U.S. market, and we revised 
Saha Thai's general and administrative expenses.\6\
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    \6\ 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.

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                     Producer/exporter                         dumping
                                                                margin
                                                              (percent)
------------------------------------------------------------------------
Saha Thai Steel Pipe (Public) Company, Ltd.................         0.00
Pacific Pipe Company Limited...............................            *
------------------------------------------------------------------------
* 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,\7\ the Department will instruct U.S. Customs and Border 
Protection (CBP) to liquidate appropriate entries for Saha Thai without 
regard to antidumping duties.
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    \7\ 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.\8\ 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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    \8\ 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 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

[[Page 65274]]

the cash deposit rate will be the ``all-others'' rate of 15.67 percent 
established in the LTFV investigation.\9\ These deposit rates, when 
imposed, shall remain in effect until further notice.
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    \9\ 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 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 23, 2013.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

Comment 1: Issues with the Differential Pricing Analysis
Comment 2: Withdrawal of the Targeted Dumping Regulation
Comment 3: Use of an Alternative Comparison Method in Administrative 
Reviews
Comment 4: Denial of Offsets with the Average-to-Transaction 
Comparison Method
Comment 5: Freight Revenue Cap
Comment 6: Date of Sale for Saha Thai's U.S. Sales
Comment 7: Saha Thai's Grade Distinctions
Comment 8: ``Schedule'' as a Model Matching Characteristic
Comment 9: Warehouse Costs Incurred on Painted Products
Comment 10: Treatment of Non-Prime Products in Calculating the Cost 
of Production
Comment 11: Steel Scrap Offset
Comment 12: General and Administrative Expense Ratio (Warehouse 
Rental Income and Expense)
Comment 13: Zinc Scrap Offset

[FR Doc. 2013-25808 Filed 10-30-13; 8:45 am]
BILLING CODE 3510-DS-P