[Federal Register Volume 79, Number 104 (Friday, May 30, 2014)]
[Notices]
[Pages 31093-31095]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-12588]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-549-830]


Welded Stainless Pressure Pipe From Thailand: Final Determination 
of Sales at Less Than Fair Value

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

DATES: Effective Date: May 30, 2014.
SUMMARY: The Department of Commerce (``Department'') determines that 
welded

[[Page 31094]]

stainless pressure pipe (``WSPP'') from Thailand is being, or is likely 
to be, sold in the United States at less than fair value (``LTFV''), as 
provided in section 735 of the Tariff Act of 1930, as amended (the 
``Act''). The final dumping margins for this investigation are listed 
in the ``Final Determination'' section below.

FOR FURTHER INFORMATION CONTACT: Brandon Farlander or Trisha Tran, AD/
CVD Operations, Office IV, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
0182 or (202) 482-4852, respectively.

SUPPLEMENTARY INFORMATION:

Background

    The Department published its Preliminary Determination on January 
7, 2014,\1\ and its Amended Preliminary Determination on February 26, 
2014.\2\ On March 13, 2014, we received a case brief \3\ from Bristol 
Metals, LLC, Felker Brothers Corp., and Outokumpu Stainless Pipe, Inc. 
(``Petitioners''). On March 18, 2014, we received a rebuttal brief \4\ 
from Thai-German Products Public Company Limited (``TGP''). Based on an 
analysis of the comments received, the Department made changes from the 
Preliminary Determination and Amended Preliminary Determination.
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    \1\ See Welded Stainless Pressure Pipe From Thailand: 
Preliminary Determination of Sales at Less Than Fair Value and 
Postponement of Final Determination, 79 FR 812 (January 7, 2014) 
(``Preliminary Determination'').
    \2\ See Welded Stainless Pressure Pipe From Thailand: Amended 
Preliminary Determination of Sales at Less Than Fair Value, 79 FR 
10772 (February 26, 2014) (``Amended Preliminary Determination'').
    \3\ See submission from Petitioners, ``Welded Stainless Pressure 
Pipe From Thailand: Petitioners' Case Brief,'' dated March 13, 2014 
(``Petitioners' Case Brief'').
    \4\ See submission from TGP, ``Welded Stainless Steel Pressure 
Pipe From Thailand; Rebuttal Brief,'' dated March 18, 2014 (``TGP's 
Rebuttal Brief'').
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Period of Investigation

    The period of investigation (``POI'') is April 1, 2012, through 
March 31, 2013.

Scope of the Investigation

    The merchandise covered by this investigation is circular welded 
austenitic stainless pressure pipe not greater than 14 inches in 
outside diameter. For purposes of this investigation, references to 
size are in nominal inches and include all products within tolerances 
allowed by pipe specifications. This merchandise includes, but is not 
limited to, the American Society for Testing and Materials (ASTM) A-312 
or ASTM A-778 specifications, or comparable domestic or foreign 
specifications. ASTM A-358 products are only included when they are 
produced to meet ASTM A-312 or ASTM A-778 specifications, or comparable 
domestic or foreign specifications.
    Excluded from the scope are: (1) Welded stainless mechanical 
tubing, meeting ASTM A-554 or comparable domestic or foreign 
specifications; (2) boiler, heat exchanger, superheater, refining 
furnace, feedwater heater, and condenser tubing, meeting ASTM A-249, 
ASTM A-688 or comparable domestic or foreign specifications; and (3) 
specialized tubing, meeting ASTM A269, ASTM A-270 or comparable 
domestic or foreign specifications.
    The subject imports are normally classified in subheadings 
7306.40.5005, 7306.40.5040, 7306.40.5062, 7306.40.5064, and 
7306.40.5085 of the Harmonized Tariff Schedule of the United States 
(HTSUS). They may also enter under HTSUS subheadings 7306.40.1010, 
7306.40.1015, 7306.40.5042, 7306.40.5044, 7306.40.5080, and 
7306.40.5090. The HTSUS subheadings are provided for convenience and 
customs purposes only; the written description of the scope of the 
investigation is dispositive.

Verification

    As provided in section 782(i) of the Act, from January 20, 2014 
through January 24, 2014, the Department attempted to verify the sales 
information submitted by TGP for use in the final determination. The 
Department used standard verification procedures, including examination 
of relevant accounting and production records and original source 
documents provided by the respondent. At verification, the Department 
discovered that TGP did not report the vast majority of its home market 
sales.\5\ In light of that, we cancelled TGP's cost verification.\6\
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    \5\ See Memorandum From Trisha Tran and Brandon Farlander, 
Senior International Trade Compliance Analysts, AD/CVD Operations, 
Office IV, to the File, ``Antidumping Duty Investigation of Welded 
Stainless Pressure Pipe From Thailand: Verification of the 
Questionnaire Responses of Thai-German Products Public Company 
Limited,'' (March 5, 2014) (``TGP Sales Verification Report'').
    \6\ See TGP's Sales Verification Report.
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties in 
this investigation are addressed in the Issues and Decision 
Memorandum.\7\ A list of the issues raised by the parties and to which 
the Department responded 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, which is in 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://enforcement.trade.gov/frn/index.html. The paper copy and electronic version of the Issues and 
Decision Memorandum are identical in content.
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    \7\ See Memorandum from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, to 
Paul Piquado, Assistant Secretary for Import Administration, 
``Issues and Decision Memorandum for the Final Determination in the 
Antidumping Duty Investigation of Welded Stainless Pressure Pipe 
(``WSPP'') From Thailand'' (May 22, 2014) (``Issues and Decision 
Memorandum'').
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Changes Since the Preliminary Determination and Amended Preliminary 
Determination

    Based on our analysis of the comments received and our findings at 
verification:
     We applied total adverse facts available (``AFA'') to TGP 
and assigned to it the highest margin alleged in the petition, i.e., 
24.01 percent, as TGP's AFA rate.\8\
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    \8\ See Issues and Decision Memorandum at Comments 1 and 2.
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     We revised the ``All Others'' rate.\9\
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    \9\ See Issues and Decision Memorandum at Comment 4.
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``All Others'' Rate

    Section 735(c)(5)(A) of the Act provides that the estimated all-
others rate shall be 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 and margins based entirely under section 776 of the Act. 
Pursuant to sectin 735(c)(5)(B) of the Act, if the estimated weighted-
average dumping margins established for all exporters and producers 
individually examined are zero, de minimis or determined based entirely 
under section 776 of the Act, the Department may use any reasonable 
method to establish the estimated weighted-average dumping margin for 
all other producers or exporters. In the Amended Preliminary 
Determination, the Department calculated the ``All Others'' rate based

[[Page 31095]]

on TGP's rate from the Preliminary Determination. In light of the 
Department's assignment of total AFA to TGP (and, previously to Ametai 
Co., Ltd. and Thareus Co., Ltd (Ametai/Thareus), the other mandatory 
respondent in this investigation), TGP's rate is no longer appropriate 
for the all others rate. In cases where there are no weighted-average 
dumping margins besides zero or de minimis, or where the rates 
established for individually investigated entities have been determined 
entirely under section 776 of the Act, the Department averages the 
margins calculated in the petition and applies the result to all other 
entities not individually examined.\10\ The average of the petition 
margins (i.e., 23.77 percent and 24.01 percent) is 23.89 percent.\11\ 
Therefore, the ``All Others'' rate applied to all other entities not 
individually examined is 23.89 percent.
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    \10\ See Steel Threaded Rod From Thailand: Preliminary 
Determination of Sales at Less Than Fair Value and Affirmative 
Preliminary Determination of Critical Circumstances, 78 FR 79670, 
79671 (December 31, 2013) (``Steel Threaded Rod From Thailand''); 
see also Notice of Preliminary Determination of Sales at Less Than 
Fair Value: Sodium Nitrite From the Federal Republic of Germany, 73 
FR 21909 (April 23, 2008); unchanged in Notice of Final 
Determination of Sales at Less Than Fair Value: Sodium Nitrite From 
the Federal Republic of Germany, 73 FR 38986 (July 8, 2008).
    \11\ See Welded Stainless Pressure Pipe From Thailand 
Investigation Initiation Checklist, dated June 5, 2013, at 8, citing 
Welded Stainless Pressure Pipe From Thailand: Correction to 
Supplemental Response, dated May 30, 2013, at Exhibit III-8.
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Final Determination

    The Department determines that the following final dumping margins 
exist for the POI:

------------------------------------------------------------------------
                                                                Dumping
                    Manufacturer/exporter                       margin
                                                               (percent)
------------------------------------------------------------------------
Ametai Co., Ltd./Thareus Co., Ltd...........................     * 24.01
Thai-German Products Public Company Limited.................       24.01
All Others..................................................       23.89
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* Unchanged from the Amended Preliminary Determination.

Disclosure

    The Department intends to disclose calculations performed for this 
final determination to the parties within five days of the date of 
publication of this notice in accordance with 19 CFR 351.224(b).

Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, the Department 
will instruct U.S. Customs and Border Protection (``CBP'') to continue 
to suspend liquidation of all appropriate entries of WSPP from Thailand 
as described in the ``Scope of the Investigation'' section, which were 
entered, or withdrawn from warehouse, for consumption on or after 
January 7, 2014, the date of publication of the Preliminary 
Determination in the Federal Register. CBP shall require a cash deposit 
equal to the estimated amount by which the normal value exceeds the 
U.S. price as follows: (1) The rates for Ametai/Thareus and TGP will be 
the rates we have determined in this final determination; (2) if the 
exporter is not a firm identified in this investigation but the 
producer is, the rate will be the rate established for the producer of 
the subject merchandise; (3) the rate for all other producers or 
exporters will be 23.89 percent, as discussed in the ``All Others 
Rate'' section, above. These instructions suspending liquidation will 
remain in effect until further notice.

U.S. International Trade Commission (``ITC'') Notification

    In accordance with section 735(d) of the Act, we will notify the 
ITC of our final affirmative determination of sales at LTFV. Because 
the final determination in this proceeding is affirmative, in 
accordance with section 735(b)(2) of the Act, the ITC will make its 
final determination as to whether the domestic industry in the United 
States is materially injured, or threatened with material injury, by 
reason of imports or sales for importation of WSPP from Thailand no 
later than 45 days after our final determination. If the ITC determines 
that material injury or threat of material injury does not exist, the 
proceeding will be terminated and all securities posted will be 
refunded or canceled. If the ITC determines that such injury does 
exist, the Department will issue an antidumping duty order directing 
CBP to assess, upon further instruction by the Department, antidumping 
duties on all imports of the subject merchandise entered, or withdrawn 
from warehouse, for consumption on or after the effective date of the 
suspension of liquidation.

Notification Regarding Administrative Protective Orders (``APO'')

    This notice also serves as a reminder to the parties subject to APO 
of their responsibility concerning the disposition of propriety 
information disclosed under APO in accordance with 19 CFR 351.305. 
Timely written notification of 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.
    This determination is issued and published in accordance with 
sections 735(d) and 777(i)(1) of the Act.

    Dated: May 22, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix

Issues for the Final Determination

I. Summary
II. Background
III. POI
IV. Scope
V. Adverse Facts Available
VI. Discussion of the Issues
    Comment 1: Whether To Apply Total AFA With Respect to TGP
    Comment 2: AFA Rate To Apply to TGP
    Comment 3: Whether To Apply a Higher AFA Rate to Ametai/Thareus
    Comment 4: Whether To Revise the ``All Others'' Rate and, If 
Yes, What Rate To Select Recommendation

[FR Doc. 2014-12588 Filed 5-29-14; 8:45 am]
BILLING CODE 3510-DS-P