[Federal Register Volume 86, Number 233 (Wednesday, December 8, 2021)]
[Notices]
[Pages 69620-69622]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-26573]


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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 and Final 
Determination of No Shipments; 2019-2020

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

SUMMARY: The Department of Commerce (Commerce) determines that circular 
welded carbon steel pipes and tubes from Thailand were sold at less 
than normal value during the period of review (POR) March 1, 2019, 
through February 29, 2020.

DATES: Applicable December 8, 2021.

FOR FURTHER INFORMATION CONTACT: Thomas Schauer, AD/CVD Operations, 
Office I, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-0410.

SUPPLEMENTARY INFORMATION:

Background

    On June 8, 2021, Commerce published the preliminary results of the 
2019-2020 administrative review of the antidumping duty order on 
circular welded carbon steel pipes and tubes from Thailand.\1\ The 
review covers 29 producers and/or exporters of subject merchandise. We 
invited interested parties to comment on the Preliminary Results. A 
full description of the events since the Preliminary Results is 
contained in the Issues and Decision Memorandum.\2\ Commerce conducted 
this review in accordance with section 751(a) of the Tariff Act of 
1930, as amended (the Act).
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    \1\ See Circular Welded Carbon Steel Pipes and Tubes from 
Thailand: Preliminary Results of Antidumping Duty Administrative 
Review and Preliminary Determination of No Shipments; 2019-2020, 86 
FR 30405 (June 8, 2021) (Preliminary Results), and accompanying 
Preliminary Decision Memorandum.
    \2\ See Memorandum, ``Circular Welded Carbon Steel Pipes and 
Tubes from Thailand: Issues and Decision Memorandum for the Final 
Results of Antidumping Duty Administrative Review and Final No 
Shipment Determination, In Part; 2019-2020,'' dated concurrently 
with, and hereby adopted by, this notice (Issues and Decision 
Memorandum).
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Scope of the Order 3
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    \3\ See Antidumping Duty Order; Circular Welded Carbon Steel 
Pipes and Tubes from Thailand, 51 FR 8341 (March 11, 1986) (Order).
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    The products covered by the antidumping duty Order are circular 
welded carbon steel pipes and tubes. A full description of the scope of 
the Order is contained in the Issues and Decision Memorandum.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs are listed in the 
appendix to this notice and addressed in the Issues and Decision 
Memorandum. 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 (ACCESS). 
ACCESS is available to registered users at https://access.trade.gov. In 
addition, a

[[Page 69621]]

complete version of the Issues and Decision Memorandum can be accessed 
directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Final Determination of No Shipments

    We preliminarily found that Blue Pipe Steel Center (Blue Pipe) and 
K Line Logistics (Thailand) Ltd. (K-Line) each had no shipments of 
subject merchandise during the POR.\4\ Based on the comments received, 
we continue to find that Blue Pipe had no shipments.\5\ Moreover, no 
party commented on the Preliminary Results regarding the no-shipments 
decision with respect to K-Line. Therefore, for these final results, we 
continue to find that each of these companies had no shipments of 
subject merchandise during the POR and will issue appropriate 
instructions to U.S. Customs and Border Protection (CBP) based on these 
final results.
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    \4\ See Preliminary Results, 86 FR 30406.
    \5\ See Issues and Decision Memorandum at comment 1.
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Changes Since the Preliminary Results

    Based on a review of the record and comments received from 
interested parties regarding our Preliminary Results, and for the 
reasons explained in the Issues and Decision Memorandum, we made 
revisions to our calculations in the Preliminary Results of the 
weighted-average dumping margin for the mandatory respondent, Saha Thai 
Steel Pipe Public Co., Ltd., also known as Saha Thai Steel Pipe 
(Public) Co., Ltd. (collectively, Saha Thai), and the weighted-average 
dumping margin assigned to the non-examined companies.

Rate for Non-Examined Companies

    In the Preliminary Results, we determined the weighted-average 
dumping margin for Saha Thai that is not zero, de minimis or based 
entirely on facts available. For the other mandatory respondent, Blue 
Pipe, we determined that Blue Pipe had no shipments during the POR and 
accordingly we did not determine a weighted-average dumping margin for 
Blue Pipe for these final results. Following the guidelines for 
calculating the ``all-others'' rate in a less-than-fair-value 
investigation, we accordingly determined that the weighted-average 
dumping margin for each of the companies not selected for individual 
examination to be equal to the weighted-average dumping margin 
calculated for Saha Thai.

Final Results of Administrative Review

    Commerce determines that the following weighted-average dumping 
margins exist for the period March 1, 2019, through February 29, 2020:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Producer/exporter                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Saha Thai Steel Pipe Public Company, Ltd....................       36.97
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         Rate Applicable to the Following Non-Selected Companies
------------------------------------------------------------------------
Apex International Logistics................................       36.97
Aquatec Maxcon Asia.........................................       36.97
Asian Unity Part Co., Ltd...................................       36.97
Bis Pipe Fitting Industry Co., Ltd..........................       36.97
Chuhatsu (Thailand) Co., Ltd................................       36.97
CSE Technologies Co., Ltd...................................       36.97
Expeditors International (Bangkok)..........................       36.97
Expeditors Ltd..............................................       36.97
FS International (Thailand) Co., Ltd........................       36.97
Kerry-Apex (Thailand) Co., Ltd..............................       36.97
Oil Steel Tube (Thailand) Co., Ltd..........................       36.97
Otto Ender Steel Structure Co., Ltd.........................       36.97
Pacific Pipe and Pump.......................................       36.97
Pacific Pipe Public Company Limited.........................       36.97
Panalpina World Transport Ltd...............................       36.97
Polypipe Engineering Co., Ltd...............................       36.97
Schlumberger Overseas S.A...................................       36.97
Siam Fittings Co., Ltd......................................       36.97
Siam Steel Pipe Co., Ltd....................................       36.97
Sino Connections Logistics (Thailand) Co., Ltd..............       36.97
Thai Malleable Iron and Steel...............................       36.97
Thai Oil Group..............................................       36.97
Thai Oil Pipe Co., Ltd......................................       36.97
Thai Premium Pipe Co., Ltd..................................       36.97
Vatana Phaisal Engineering Company..........................       36.97
Visavakit Patana Corp., Ltd.................................       36.97
------------------------------------------------------------------------

Disclosure

    Commerce intends to disclose the calculations performed for these 
final results within five days of the date of publication of this 
notice, in accordance with 19 CFR 351.224(b).

Assessment Rates

    Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 351.212(b), 
Commerce shall determine, and CBP shall assess, antidumping duties on 
all appropriate entries of subject merchandise in accordance with the 
final results of this review. Commerce intends to issue assessment 
instructions to CBP no earlier than 35 days after the date of 
publication of the final results of this review in the Federal 
Register. If a timely summons is filed at the U.S. Court of 
International Trade, the assessment instructions will direct CBP not to 
liquidate relevant entries until the time for parties to file a request 
for a statutory injunction has expired (i.e., within 90 days of 
publication).
    For Saha Thai, we calculated importer-specific antidumping duty 
assessment rates on the basis of the ratio of the total amount of 
dumping calculated for each importer's examined sales and the total 
entered value of those sales in accordance with 19 CFR 351.212(b)(1). 
If an importer-specific assessment rate is zero or de minimis, then we 
will instruct CBP to liquidate the entries for that importer without 
regard to antidumping duties.
    For 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, and for Blue Pipe and K-Line, the two companies which we 
find had no shipments during the POR, 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.
    The assessment rate for antidumping duties for each of the 
companies not selected for individual examination, will be equal to the 
weighted-average dumping margin listed above in the final results of 
review.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of these reviews for shipments of the 
subject merchandise from China entered, or withdrawn from warehouse, 
for consumption on or after the publication date, as provided by 
section 751(a)(2)(C) of the Act: (1) The cash deposit rate for the 
companies listed above in the final results of review will be equal to 
the company-specific weighted-average dumping margin established in the 
final results of this review; (2) for previously reviewed or 
investigated companies not listed above in the ``Final Results of 
Administrative Review,'' above, including companies for which Commerce 
may determine to have 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 producer is, then the cash deposit rate will 
be the rate established for the most recently completed segment of this 
proceeding for the producer of the merchandise; and (4) if neither the 
exporter nor the producer 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.\6\
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    \6\ See Order, 51 FR at 8341.
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    These deposit requirements, when imposed, shall remain in effect 
until further notice.

[[Page 69622]]

Notification to Importers

    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 POR. Failure to comply with this 
requirement could result in Commerce's presumption that reimbursement 
of the antidumping duties occurred and the subsequent assessment of 
doubled antidumping duties.

Notification Regarding Administrative Protective Order

    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305. 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 violation subject 
to sanction.

Notification to Interested Parties

    Commerce is issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5).

    Dated: December 2, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the 
non-exclusive functions and duties of the Assistant Secretary for 
Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Changes to the Preliminary Results
V. Discussion of the Issues
    Comment 1: Whether Commerce Should Base the Weighted-Average 
Dumping Margins for Saha Thai and Blue Pipe on Adverse Facts 
Available
    Comment 2: Whether Saha Thai Created a Fictitious Market
    Comment 3: Whether Saha Thai Is Affiliated with Certain 
Companies
    Comment 4: Whether Commerce Should Require Saha Thai and Blue 
Pipe to Resubmit Certain Submissions
    Comment 5: Whether Commerce Must Take Steps to Ensure the 
Government Can Collect the Duties Owed
    Comment 6: Whether Commerce Should Reconsider Prior Reviews to 
Account for Potential Fraud
    Comment 7: Whether Commerce Should Adjust Saha Thai's Costs to 
Account for a Particular Market Situation
    Comment 8: Whether Commerce's Preliminary Determination for Non-
Examined Companies Is Contrary to Law
    Comment 9: Whether Commerce Should Calculate an Individual 
Weighted-Average Dumping Margin for Thai Premium Pipe Co., Ltd.
VI. Recommendation

[FR Doc. 2021-26573 Filed 12-7-21; 8:45 am]
BILLING CODE 3510-DS-P