[Federal Register Volume 85, Number 64 (Thursday, April 2, 2020)]
[Notices]
[Pages 18552-18554]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-06911]


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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; 2018-2019

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 Co., Ltd., also known as Saha Thai Steel 
Pipe (Public) Co., Ltd. (collectively, Saha Thai), as well as 28 non-
examined companies, did not make sales of subject merchandise at less 
than normal value during the period of review (POR) March 1, 2018 
through February 28, 2019. We further preliminarily determine that K 
Line Logistics (K-Line) had no shipments during the POR. We invite 
interested parties to comment on these preliminary results.

DATES: Applicable April 2, 2020.

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

    In accordance with section 751(a)(2) of the Tariff Act of 1930, as 
amended (the Act), Commerce is conducting an administrative review of 
the antidumping duty order on circular welded carbon steel pipes and 
tubes (pipes and tubes) from Thailand. The POR is March 1, 2018 through 
February 28, 2019. This review includes 30 companies, including Saha 
Thai which Commerce selected for individual examination.
    On December 2, 2019, Commerce extended the time for issuing the 
preliminary results of this review from 245 days to 333 days.\1\ On 
February 26, 2020, we further extended the deadline for the preliminary 
results by an additional 29 days until March 27, 2020.\2\ For a more 
complete description of the events between the initiation of this 
review and these preliminary results, see the Preliminary Decision 
Memorandum.\3\
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    \1\ See Memorandum, ``2018-2019 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 December 2, 2019.
    \2\ See Memorandum, ``2018-2019 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 February 26, 2020.
    \3\ 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; 2018-2019,'' dated concurrently with, 
and hereby adopted by, this notice (Preliminary Decision 
Memorandum).
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Scope of the Order

    The products covered by the antidumping order are 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 Preliminary Decision Memorandum.\4\
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    \4\ See Preliminary Decision Memorandum at ``Scope of the 
Order.''
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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 regarding the 
CBP data, Commerce preliminarily determines that K-Line 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 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. A list of 
topics discussed in the Preliminary Decision Memorandum is attached in 
the appendix to this notice. The Preliminary Decision Memorandum is a 
public document and is on file electronically via Enforcement and 
Compliance's

[[Page 18553]]

Antidumping and Countervailing Duty Centralized Electronic Service 
System (ACCESS). ACCESS is available to registered users at http://access.trade.gov, and to all parties in the Central Records Unit, Room 
B8024 of the main 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.

Preliminary Results of Review

    Commerce preliminarily determines that the following weighted-
average dumping margins exist for the period March 1, 2018 through 
February 28, 2019:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                  Producer or exporter                        dumping
                                                              margin
                                                             (percent)
------------------------------------------------------------------------
Saha Thai Steel Pipe Public Company, Ltd. (also known as            0.00
 Saha Thai Steel Pipe (Public) Company, Ltd.)...........
Apex International Logistics............................            0.00
Aquatec Maxcon Asia.....................................            0.00
Asian Unity Part Co., Ltd...............................            0.00
Bis Pipe Fitting Industry Co., Ltd......................            0.00
Blue Pipe Steel Center..................................            0.00
Blue Pipe Steel Center Co., Ltd.........................            0.00
Chuhatsu (Thailand) Co., Ltd............................            0.00
CSE Technologies Co., Ltd...............................            0.00
Expeditors International (Bangkok)......................            0.00
Expeditors Ltd..........................................            0.00
FS International (Thailand) Co., Ltd....................            0.00
Kerry-Apex (Thailand) Co., Ltd..........................            0.00
Oil Steel Tube (Thailand) Co., Ltd......................            0.00
Otto Ender Steel Structure Co., Ltd.....................            0.00
Pacific Pipe and Pump...................................            0.00
Pacific Pipe Public Company Limited (also known as                  0.00
 Pacific Pipe Company)..................................
Panalpina World Transport Ltd...........................            0.00
Polypipe Engineering Co., Ltd...........................            0.00
Schlumberger Overseas S.A...............................            0.00
Siam Fittings Co., Ltd..................................            0.00
Siam Steel Pipe Co., Ltd................................            0.00
Sino Connections Logistics (Thailand) Co., Ltd..........            0.00
Thai Malleable Iron and Steel...........................            0.00
Thai Oil Group..........................................            0.00
Thai Oil Pipe Co., Ltd..................................            0.00
Thai Premium Pipe Co., Ltd..............................            0.00
Vatana Phaisal Engineering Company......................            0.00
Visavakit Patana Corp., Ltd.............................            0.00
------------------------------------------------------------------------

Rate for Non-Examined Companies

    The statute and Commerce's regulations do not address the 
establishment of a weighted-average dumping margin to be applied to 
companies not selected for individual examination when Commerce limits 
its examination in an administrative review pursuant to section 
777A(c)(2) of the Act. Generally, Commerce looks to section 735(c)(5) 
of the Act, which provides instructions for calculating the all-others 
rate in a less-than-fair-value (LTFV) investigation, for guidance when 
calculating the weighted-average dumping margin for companies which 
were not selected for individual examination in an administrative 
review. Under section 735(c)(5)(A) of the Act, the all-others rate is 
normally 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 
(i.e., less than 0.5 percent) margins, and any margins determined 
entirely on the basis of facts available. However, section 735(c)(5)(B) 
of the Act states that if the weighted-average dumping margins for all 
individually examined exporters or producers are zero, de minimis, or 
based entirely on facts available, then Commerce may use ``any 
reasonable method'' to establish the all-others rate, including 
averaging the weighted-average dumping margins for the individually 
examined companies.
    Consistent with section 735(c)(5)(B) of the Act, we have determined 
that a reasonable method for determining the weighted-average dumping 
margin for each of the non-selected companies is to use the weighted-
average dumping margin calculated for the mandatory respondent (i.e., 
Saha Thai) in this administrative review. Although the weighted-average 
dumping margin calculated for Saha Thai is zero, this is the only 
contemporaneous rate, i.e., calculated in this review, and, thus, 
Commerce has determined the weighted-average dumping margin for the 
non-examined companies to be zero.\5\
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    \5\ See Certain Lined Paper Products from India: Final Results 
of Antidumping Duty Administrative Review; 2016-2017, 84 FR 23017 
(May 21, 2019).
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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 seven days after the date for filing case 
briefs.\6\ 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.\7\ Case and rebuttal briefs should be filed using ACCESS 
\8\ and must be served on interested parties.\9\ Executive summaries 
should be limited to five pages total, including footnotes. Note that 
Commerce has temporarily modified certain of its requirements for 
serving documents containing business proprietary information, until 
May 19, 2020, unless extended.\10\
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    \6\ See Temporary Rule Modifying AD/CVD Service Requirements Due 
to COVID-19, 85 FR 17006, 17007 (March 26, 2020).
    \7\ See 19 CFR 351.303 (for general filing requirements).
    \8\ See generally 19 CFR 351.303.
    \9\ See 19 CFR 351.303(f).
    \10\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19, 85 FR 17006 (March 26, 2020).
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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 an examined respondent's weighted-average dumping margin is 
not zero or de minimis in the final results of this review, we will 
calculate

[[Page 18554]]

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). For non-examined respondents, Commerce shall direct 
CBP to assess antidumping duties at an ad valorem rate equal to the 
company-specific weighted-average dumping margin determined in the 
final results of this review. 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.\11\ 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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    \11\ 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 this 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.\12\ These deposit requirements, 
when imposed, shall remain in effect until further notice.
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    \12\ 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: March 27, 2020
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. Comparison to Normal Value
VI. Particular Market Situation
VII. Product Comparisons
VIII. Discussion of Methodology
IX. Rates for Non-Examined Companies
X. Recommendation

[FR Doc. 2020-06911 Filed 4-1-20; 8:45 am]
BILLING CODE 3510-DS-P