[Federal Register Volume 84, Number 120 (Friday, June 21, 2019)]
[Notices]
[Pages 29168-29170]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-13253]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-549-839]


Steel Propane Cylinders From Thailand: Final Determination of 
Sales at Less Than Fair Value

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

SUMMARY: The Department of Commerce (Commerce) determines that steel 
propane cylinders from Thailand are being, or are likely to be, sold in 
the United States at less than fair value (LTFV).

DATES: Applicable June 21, 2019.

FOR FURTHER INFORMATION CONTACT: Cindy Robinson or Stephanie Moore, AD/
CVD Operations, Office III, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW, Washington, DC 20230; telephone: (202) 482-3797 or (202) 
482-3692, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On December 27, 2018, Commerce published the Preliminary 
Determination of sales at LTFV of steel propane cylinders from 
Thailand.\1\ On June 3, 2019, a public hearing was held at Commerce. A 
complete summary of the events that occurred since Commerce published 
the Preliminary Determination, as well as a full discussion of the 
issues raised by parties for this final determination, may be found in 
the Issues and Decision Memorandum.\2\
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    \1\ See Steel Propane Cylinders from Thailand: Preliminary 
Affirmative Determination of Sales at Less Than Fair Value and 
Postponement of Final Determination, 83 FR 66678 (December 27, 2018) 
(Preliminary Determination), and accompanying Preliminary Decision 
Memorandum.
    \2\ See Memorandum, ``Issues and Decision Memorandum for Final 
Affirmative Determination in the Antidumping Duty Investigation of 
Steel Propane Cylinders from Thailand,'' dated concurrently with, 
and hereby adopted by, this notice (Issues and Decision Memorandum).
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    The Issues and Decision Memorandum is a public document and is 
available electronically via Enforcement and Compliance's Antidumping 
and Countervailing Duty Centralized Electronic Service System (ACCESS). 
ACCESS is available to registered users at https://access.trade.gov and 
to all parties in the Central Records Unit, Room B-8024 of Commerce's 
main building. In addition, a complete version of the Issues and 
Decision Memorandum can be accessed at http://enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum and electronic version 
are identical in content.
    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.\3\ If the new 
deadline falls on a non-business day, in accordance with Commerce's 
practice, the deadline will become the next business day. The revised 
deadline for the final determination of this investigation is now June 
17, 2019.
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    \3\ See Memorandum to the Record from Gary Taverman, Deputy 
Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance, ``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.
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Period of Investigation (POI)

    The POI is April 1, 2017 through March 31, 2018.

Scope of the Investigation

    The merchandise covered by this investigation is steel propane 
cylinders from Thailand. For a complete discussion of the scope of this 
investigation, see Appendix I of this notice.

Scope Comments

    During the course of this investigation and the concurrent 
countervailing duty (CVD) investigation, Commerce received scope 
comments from interested parties. Certain interested parties commented 
on the scope of the investigation as it appeared in the Preliminary 
Scope Decision Memorandum,\4\ which was

[[Page 29169]]

issued concurrently with the Preliminary Determination. We did not 
receive any scope comments after the Preliminary Scope Decision 
Memorandum; therefore, the preliminary scope determination remains 
unchanged in the final determination.
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    \4\ See Memorandum, ``Steel Propane Cylinders from the People's 
Republic of China (China) and Thailand: Scope Decision Memorandum 
for the Preliminary Antidumping Duty (AD) and Countervailing Duty 
(CVD) Determinations,'' dated December 18, 2018 (Preliminary Scope 
Decision Memorandum).
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Verification

    As provided in section 782(i) of the Tariff Act of 1930, as amended 
(the Act), Commerce verified the sales and cost data reported by 
Sahamitr Pressure Container Public Company Limited (SMPC) for use in 
our final determination. We used standard verification procedures, 
including an examination of relevant accounting and production records, 
and original source documents provided by the respondent.

Analysis of Comments Received

    All issues raised in the case briefs and rebuttal briefs submitted 
by interested parties in this proceeding are discussed in the Issues 
and Decision Memorandum. A list of the issues raised by parties and 
responded to by Commerce are in the Issues and Decision Memorandum, 
attached at Appendix II.

Changes Since the Preliminary Determination

    Based on our analysis of the comments received and our findings at 
verification, we made certain changes to the margin calculations for 
SMPC since the Preliminary Determination. For a discussion of these 
changes, see the Issues and Decision Memorandum.

All-Others Rate

    Section 735(c)(5)(A) of the Act provides that the estimated 
weighted-average dumping margin for all-other producers and exporters 
not individually investigated shall be equal to the weighted average of 
the estimated weighted-average dumping margins established for 
individually investigated exporters and producers, excluding any 
margins that are zero or de minimis or any margins determined entirely 
under section 776 of the Act. SMPC is the only respondent for which 
Commerce calculated an estimated weighted-average dumping margin that 
is not zero, de minimis, or based entirely on facts otherwise 
available. Therefore, for purposes of determining the ``all-others'' 
rate, and pursuant to section 735(c)(5)(A) of the Act, we are using the 
estimated weighted-average dumping margin calculated for SMPC, as 
referenced in the ``Final Determination'' section below.

Final Determination

    Commerce determines that the following weighted-average dumping 
margins exist for the period April 1, 2017 through March 31, 2018:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Exporter/producer                         margins
                                                               (percent)
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Sahamitr Pressure Container Public Company Limited..........       10.77
All Others..................................................       10.77
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Disclosure

    We will disclose the calculations performed within five days of 
public announcement 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, we will 
instruct U.S. Customs and Border Protection (CBP) to continue the 
suspension of liquidation of all appropriate entries of steel propane 
cylinders from Thailand, as described in Appendix I of this notice, 
which were entered, or withdrawn from warehouse, for consumption on or 
after December 27, 2018, the date of publication of the Preliminary 
Determination of this investigation in the Federal Register.
    Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR 
351.210(d), Commerce will instruct CBP to require a cash deposit for 
such entries of merchandise equal to the estimated weighted-average 
dumping margin or the estimated all-others rate, as follows: (1) The 
cash deposit rate for the respondent listed above will be equal to the 
respondent-specific estimated weighted-average dumping margin 
determined in this final determination; (2) if the exporter is not a 
respondent identified above but the producer is, then the cash deposit 
rate will be equal to the respondent-specific estimated weighted-
average dumping margin established for that producer of the subject 
merchandise; and (3) the cash deposit rate for all other producers and 
exporters will be equal to the all-others estimated weighted-average 
dumping margin. These suspension of liquidation instructions will 
remain in effect until further notice.

International Trade Commission Notification

    In accordance with section 735(d) of the Act, we will notify the 
International Trade Commission (ITC) of the 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 (or the 
likelihood of sales) for importation of steel propane cylinders 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 cash deposits 
will be refunded. If the ITC determines that such injury does exist, 
Commerce will issue an antidumping duty order directing CBP to assess, 
upon further instruction by Commerce, 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

    This notice serves as the only reminder to parties subject to an 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely 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 the terms of an APO is a violation subject to sanction.

Notification to Interested Parties

    We are issuing and publishing this determination and notice in 
accordance with sections 735(d) and 777(i) of the Act and 19 CFR 
351.210(c).

    Dated: June 17, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix I

Scope of the Investigation

    The merchandise covered by this investigation is steel cylinders 
for compressed or liquefied propane or other gases (steel propane 
cylinders) meeting the requirements of, or produced to meet the 
requirements of, U.S. Department of Transportation (USDOT) 
Specifications 4B, 4BA, or 4BW, or Transport Canada Specification 
4BM, 4BAM, or 4BWM, or United Nations pressure receptacle standard 
ISO 4706 and otherwise meeting the description provided below. The 
scope includes steel propane cylinders regardless of whether they 
have been certified to these

[[Page 29170]]

specifications before importation. Steel propane cylinders range 
from 2.5 pound nominal gas capacity (approximate 6 pound water 
capacity and approximate 4-6 pound tare weight) to 42 pound nominal 
gas capacity (approximate 100 pound water capacity and approximate 
28-32 pound tare weight). Steel propane cylinders have two or fewer 
ports and may be imported assembled or unassembled (i.e., welded or 
brazed before or after importation), with or without all components 
(including collars, valves, gauges, tanks, foot rings, and overfill 
prevention devices), and coated or uncoated. Also included within 
the scope are drawn cylinder halves, unfinished propane cylinders, 
collars, and foot rings for steel propane cylinders.
    An ``unfinished'' or ``unassembled'' propane cylinder includes 
drawn cylinder halves that have not been welded into a cylinder, 
cylinders that have not had flanges welded into the port hole(s), 
cylinders that are otherwise complete but have not had collars or 
foot rings welded to them, otherwise complete cylinders without a 
valve assembly attached, and cylinders that are otherwise complete 
except for testing, certification, and/or marking.
    This investigation also covers steel propane cylinders that 
meet, are produced to meet, or are certified as meeting, other U.S. 
or Canadian government, international, or industry standards 
(including, for example, American Society of Mechanical Engineers 
(ASME), or American National Standard Institute (ANSI)), if they 
also meet, are produced to meet, or are certified as meeting USDOT 
Specification 4B, 4BA, or 4BW, or Transport Canada Specification 
4BM, 4BAM, or 4BWM, or a United Nations pressure receptacle standard 
ISO 4706.
    Subject merchandise also includes steel propane cylinders that 
have been further processed in a third country, including but not 
limited to, attachment of collars, foot rings, or handles by welding 
or brazing, heat treatment, painting, testing, certification, or any 
other processing that would not otherwise remove the merchandise 
from the scope of the investigation if performed in the country of 
manufacture of the in-scope steel propane cylinders.
    Specifically excluded are seamless steel propane cylinders and 
propane cylinders made from stainless steel (i.e., steel containing 
at least 10.5 percent chromium by weight and less than 1.2 percent 
carbon by weight), aluminum, or composite fiber material. Composite 
fiber material is material consisting of the mechanical combination 
of two components: Fiber (typically glass, carbon, or aramid 
(synthetic polymer)) and a matrix material (typically polymer resin, 
ceramic, or metallic).
    The merchandise subject to this investigation is properly 
classified under statistical reporting numbers 7311.00.0060 and 
7311.00.0090 of the Harmonized Tariff Schedule of the United States 
(HTSUS). Although the HTSUS statistical reporting numbers are 
provided for convenience and customs purposes, the written 
description of the merchandise is dispositive.

Appendix II

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Investigation
IV. Changes Since the Preliminary Determination
V. Discussion of the Issues
    Comment 1: Nominal Gas Capacity (CAPACITY) vs. Sahamitr Pressure 
Container Public Company Limited's (SMPC's) Water-Converted Gas 
Capacity
    Comment 2: Zinc Coating as a Separate Product Characteristic
    Comment 3: Tare Weight Basis
    Comment 4: Numeric Coding for Product Characteristics VALVE and 
VALVETYPE
    Comment 5: Identity of Certain U.S. Customers for Differential 
Pricing Analysis
    Comment 6: Deletion of a U.S. Sale and All Sales With a CAPACITY 
Code of 250
    Comment 7: Whether Commerce Should Apply Adverse Facts Available 
(AFA) for SMPC's Home Market Credit Expenses
    Comment 8: Whether SMPC's Method for Reporting its Cost Data 
Warrants Application of Total AFA
    Comment 8(a): Whether SMPC Withheld Information Regarding the 
Availability of a Certain Production Metric Used to Allocate 
Conversion Costs and Relied Instead on Data from 2010
    Comment 8(b): Whether SMPC Failed to Report Control Number 
(CONNUM)-Specific Costs
    Comment 9: Whether SMPC's Manufacturing Costs are Understated
    Comment 10: SMPC's Scrap Offset
VI. Recommendation

[FR Doc. 2019-13253 Filed 6-20-19; 8:45 am]
 BILLING CODE 3510-DS-P