[Federal Register Volume 84, Number 96 (Friday, May 17, 2019)]
[Notices]
[Pages 22450-22452]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-10271]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-549-502]


Circular Welded Carbon Steel Pipes and Tubes From Thailand: 
Preliminary Results of Antidumping Duty Administrative Review and 
Preliminary Determination of No Shipments; 2017-2018

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

SUMMARY: The Department of Commerce (Commerce) preliminarily finds that 
Saha Thai Steel Pipe (Public) Company, Ltd. (Saha Thai) made sales of 
subject merchandise at less than normal value during the period of 
review (POR) March 1, 2017 through February 28, 2018. We invite 
interested parties to comment on these preliminary results.

DATES: Applicable May 17, 2019.

FOR FURTHER INFORMATION CONTACT: Toni Page, AD/CVD Operations, Office 
VII, Enforcement and Compliance, International Trade Administration, 
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, 
DC 20230; telephone: (202) 482-1398.

SUPPLEMENTARY INFORMATION: 

Background

    Commerce is conducting an administrative review of the antidumping 
duty order on circular welded carbon steel pipes and tubes (pipe and 
tube) from Thailand. The POR is March 1, 2017, through February 28, 
2018. Commerce selected Saha Thai for individual examination.
    On November 29, 2018, Commerce extended the time for issuing the 
preliminary results of this review from 245 days to 335 days from the 
last day of the anniversary month.\1\ Commerce exercised its discretion 
to toll all deadlines affected by the partial federal government 
closure from December 22, 2018, through the resumption of operations on 
January 29, 2019.\2\ This

[[Page 22451]]

extended the deadline for the preliminary results to April 10, 2019. On 
April 5, 2019, we further extended the deadline for the preliminary 
results an additional 30 days until May 10, 2019.\3\
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    \1\ See Memorandum, ``2017-2018 Antidumping Duty Administrative 
Review of Circular Welded Carbon Steel Pipes and Tubes from 
Thailand: Extension of Deadline for Preliminary Results of 
Antidumping Duty Administrative Review,'' dated November 29, 2018.
    \2\ See Memorandum, ``Deadlines Affected by the Partial Shutdown 
of the Federal Government,'' dated January 28, 2019. All deadlines 
in this segment of the proceeding have been extended by 40 days.
    \3\ See Memorandum, ``2017-2018 Antidumping Duty Administrative 
Review of Circular Welded Carbon Steel Pipes and Tubes from 
Thailand: Extension of Deadline for Preliminary Results of 
Antidumping Duty Administrative Review,'' dated April 5, 2019.
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Scope of the Order

    The products covered by the antidumping order are certain circular 
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. For a full description of the scope of this order, 
see the accompanying Preliminary Decision Memorandum.\4\
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    \4\ See Memorandum, ``Circular Welded Carbon Steel Pipes and 
Tubes from Thailand: Decision Memorandum for the Preliminary Results 
of Antidumping Duty Administrative Review, and Preliminary 
Determination of No Shipments; 2017-2018,'' dated concurrently with, 
and hereby adopted by, this notice (Preliminary Decision 
Memorandum).
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Preliminary Determination of No Shipments

    Based on an analysis of U.S. Customs and Border Protection (CBP) 
information, and comments provided by interested parties, Commerce 
preliminarily determines that three companies under review, Expeditors 
Ltd. (Expeditors); K Line Logistics (K-Line); and Panalpina World 
Transport Ltd. (Panalpina), each had no shipments during the POR. For 
additional information regarding this determination, see the 
Preliminary Decision Memorandum.

Methodology

    Commerce conducted this review in accordance with section 751(a)(2) 
of the Tariff Act of 1930, as amended (the Act). Export price is 
calculated in accordance with section 772 of the Act. Normal value is 
calculated in accordance with section 773 of the Act.
    For a full description of the methodology underlying these 
preliminary results, see the Preliminary Decision Memorandum. The 
Preliminary Decision Memorandum is a public document and is on file 
electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (ACCESS). 
ACCESS is available to registered users at http://access.trade.gov, and 
it is available to all parties in the Central Records Unit, Room B8024 
of the main Department of Commerce building. In addition, the signed 
Preliminary Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed and the electronic versions of 
the Preliminary Decision Memorandum are identical in content. A list of 
topics discussed in the Preliminary Decision Memorandum is attached in 
the appendix to this notice.

Preliminary Results of Review

    Commerce preliminarily determines that the following weighted-
average dumping margins exist for the period March 1, 2017, through 
February 28, 2018:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                  Producer or exporter                    dumping margin
                                                             (percent)
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Saha Thai Steel Pipe (Public) Company, Ltd..............            5.32
Apex International Logistics............................            5.32
Aquatec Maxcon Asia.....................................            5.32
Asian Unity Part Co., Ltd...............................            5.32
CSE Technologies Co., Ltd...............................            5.32
Pacific Pipe Public Company Limited (also known as                  5.32
 Pacific Pipe Company)..................................
Pacific Pipe and Pump...................................            5.32
Polypipe Engineering Co., Ltd...........................            5.32
Siam Fittings Co., Ltd..................................            5.32
Siam Steel Pipe Co., Ltd................................            5.32
Thai Malleable Iron and Steel...........................            5.32
Thai Premium Pipe Co., Ltd..............................            5.32
Vatana Phaisal Engineering Company......................            5.32
------------------------------------------------------------------------

Disclosure and Public Comment

    We intend to disclose the calculations performed to parties in this 
proceeding within five days after public announcement of the 
preliminary results in accordance with 19 CFR 351.224(b). Pursuant to 
19 CFR 351.309(c), interested parties may submit case briefs not later 
than 30 days after the date of publication of this notice. Rebuttal 
briefs, limited to issues raised in the case briefs, may be filed not 
later than five days after the date for filing case briefs.\5\ Parties 
who submit case briefs or rebuttal briefs in this proceeding are 
encouraged to submit with each argument: (1) A statement of the issue; 
(2) a brief summary of the argument; and (3) a table of authorities.\6\
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    \5\ See 19 CFR 351.309(d).
    \6\ See 19 CFR 351.303 (for general filing requirements).
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, filed electronically via 
Commerce's electronic records system, ACCESS. An electronically filed 
document must be received successfully in its entirety in ACCESS by 5 
p.m. Eastern Time within 30 days after the date of publication of this 
notice. Requests should contain: (1) The party's name, address and 
telephone number; (2) the number of participants; and (3) a list of 
issues to be discussed. Issues raised in the hearing will be limited to 
those raised by each party in their respective case brief. Commerce 
intends to issue the final results of this administrative review, 
including the results of its analysis of the issues raised in any 
written briefs, not later than 120 days after the date of publication 
of this notice, unless extended, pursuant to section 751(a)(3)(A) of 
the Act.

Assessment Rates

    Upon completion of this administrative review, Commerce shall 
determine and CBP shall assess antidumping duties on all appropriate 
entries. If a respondent's weighted-average dumping margin is not zero 
or

[[Page 22452]]

de minimis (i.e., less than 0.5 percent) in the final results of this 
review, we will calculate importer-specific ad valorem assessment rates 
on the basis of the ratio of the total amount of dumping calculated for 
an importer's examined sales and the total entered value of such sales 
in accordance with 19 CFR 351.212(b)(1). Where either the respondent's 
weighted-average dumping margin is zero or de minimis within the 
meaning of 19 CFR 351.106(c), or an importer-specific assessment rate 
is zero or de minimis, we will instruct CBP to liquidate the 
appropriate entries without regard to antidumping duties.
    Commerce clarified its ``automatic assessment'' regulation on May 
6, 2003.\7\ This clarification applies to entries of subject 
merchandise during the POR produced by a respondent 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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    \7\ For a full discussion of this clarification, see Antidumping 
and Countervailing Duty Proceedings: Assessment of Antidumping 
Duties, 68 FR 23954 (May 6, 2003).
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    We intend to issue instructions to CBP 15 days after publication of 
the final results of this review.

Cash Deposit Requirements

    The following cash deposit requirements will be effective for all 
shipments of subject merchandise entered, or withdrawn from warehouse, 
for consumption on or after the date of publication of the final 
results of this administrative review, as provided for by section 
751(a)(2)(C) of the Act: (1) The cash deposit rate for the companies 
under review will be equal to the weighted-average dumping margin 
established in the final results of this review (except, if that rate 
is de minimis, then the cash deposit rate will be zero); (2) for 
previously reviewed or investigated companies not listed above in the 
Preliminary Results of Review, including those for which Commerce may 
determine had no shipments during the POR, 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 or another completed segment of this 
proceeding, 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 
previously completed segment of this proceeding, then the cash deposit 
rate will be the ``all-others'' rate of 15.67 percent established in 
the less-than-fair-value investigation.\8\ These deposit requirements, 
when imposed, shall remain in effect until further notice.
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    \8\ See Antidumping Duty Order: Circular Welded Carbon Steel 
Pipes and Tubes from Thailand, 51 FR 8341 (March 11, 1986).
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Notification to Importers

    This notice serves as a preliminary 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 Commerce's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Notification to Interested Parties

    We are issuing and publishing these preliminary results in 
accordance with sections 751(a)(1) and 777(i) of the Act, and 19 CFR 
351.213(h) and 351.221(b)(4).

    Dated: May 10, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix



List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Preliminary Determination of No Shipments
V. Particular Market Situation
    A. Background
    B. Interested Parties' Arguments
    C. Analysis
VI. Comparison to Normal Value
VII. Product Comparisons
VIII. Discussion of Methodology
    A. Determination of Comparison Method
    B. Results of the Differential Pricing Analysis
    C. Date of Sale
    D. Export Price
    E. Normal Value
    F. Currency Conversion
IX. Recommendation

[FR Doc. 2019-10271 Filed 5-16-19; 8:45 am]
 BILLING CODE 3510-DS-P