[Federal Register Volume 87, Number 171 (Tuesday, September 6, 2022)]
[Notices]
[Pages 54476-54478]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-19191]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-549-839]


Steel Propane Cylinders From Thailand: Preliminary Results of 
Antidumping Duty Administrative Review; 2020-2021

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that Sahamitr Pressure Container Plc. (also known as 
Sahamitr Pressure Container Public Company Limited) (SMPC) made sales 
of subject merchandise at less than normal value (NV) during the period 
of review (POR) August 1, 2020, through July 31, 2021. We invite 
interested parties to comment on these preliminary results.

DATES: Applicable September 6, 2022

FOR FURTHER INFORMATION CONTACT: Jolanta Lawska, 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) 482-8362.

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 (AD) order on steel propane cylinders from 
Thailand. On October 7, 2021, in accordance with 19 CFR 
251.221(c)(1)(i), we initiated the administrative review of the AD 
order on steel propane cylinders from Thailand with respect to SMPC.\1\ 
On March 30, 2022, Commerce extended the deadline for the preliminary 
results to August 31, 2022.\2\ For a complete

[[Page 54477]]

description of the events that followed the initiation of this review, 
see the Preliminary Decision Memorandum.\3\
---------------------------------------------------------------------------

    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 86 FR 55811 (October 7, 2021).
    \2\ See Memorandum, ``Steel Propane Cylinders from Thailand: 
Extension of Time Limit for Preliminary Results of Antidumping Duty 
Administrative Review; 2020/2021,'' dated March 30, 2022.
    \3\ See Memorandum, ``Issues and Decision Memorandum for the 
Preliminary Results of Antidumping Duty Administrative Review: Steel 
Propane Cylinders from Thailand; 2020-2021,'' dated concurrently 
with, and hereby adopted by, this notice (Preliminary Decision 
Memorandum).
---------------------------------------------------------------------------

Scope of the Order

    The merchandise covered by this order is steel propane cylinders 
from Thailand. For a complete description of the scope of the order, 
see the Preliminary Decision Memorandum.\4\
---------------------------------------------------------------------------

    \4\ See Preliminary Decision Memorandum at ``Scope of the 
Order.''
---------------------------------------------------------------------------

Methodology

    Commerce is conducting this review in accordance with section 
751(a)(1)(B) of the Act. Export price was calculated in accordance with 
section 772 of the Act. Normal value was calculated in accordance with 
section 773 of the Act. For a full description of the methodology 
underlying our conclusions, see the Preliminary Decision Memorandum. A 
list of topics discussed in the Preliminary Decision Memorandum is 
attached as an appendix to this notice. 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 https://access.trade.gov. In addition, a complete 
version of the Preliminary Decision Memorandum can be accessed directly 
at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Preliminary Results of the Review

    Commerce preliminarily determines that the following weighted-
average dumping margin exists for the period August 1, 2020, through 
July 31, 2021:

------------------------------------------------------------------------
                                                             Estimated
                                                             weighted-
                    Exporter/producer                         average
                                                          dumping margin
                                                             (percent)
------------------------------------------------------------------------
Sahamitr Pressure Container Plc.........................            2.49
------------------------------------------------------------------------

Assessment Rates

    Upon completion of this administrative review, Commerce shall 
determine, and U.S. Customs and Border Protection (CBP) shall assess, 
ADs on all appropriate entries covered by this review. 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 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 
ADs.
    Commerce clarified its ``automatic assessment'' regulation on May 
6, 2003.\5\ This clarification applies to entries of subject 
merchandise during the POR produced by SMPC 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.
---------------------------------------------------------------------------

    \5\ For a full discussion of this clarification, see Antidumping 
and Countervailing Duty Proceedings: Assessment of Antidumping 
Duties, 68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------

    We intend 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).

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 SMPC 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 in the final results of this review, 
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 10.77 percent 
that was established in the less-than-fair-value investigation.\6\ 
These deposit requirements, when imposed, shall remain in effect until 
further notice.
---------------------------------------------------------------------------

    \6\ See Steel Propane Cylinders from Thailand: Final 
Determination of Sales at Less Than Fair Value, 84 FR 29168, 29169 
(June 21, 2019).
---------------------------------------------------------------------------

Disclosure and Public Comment

    We intend to disclose the calculations performed to parties in this 
review within five days of the date of publication of this notice in 
accordance with 19 CFR 351.224(b). Interested parties may submit case 
briefs no later than 30 days after the date of publication of this 
notice.\7\ 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.\8\ Parties who submit case briefs or rebuttal 
briefs in this review 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.\9\ Case and rebuttal briefs should be filed via 
ACCESS.\10\ Executive summaries should be limited to five pages total, 
including footnotes.
---------------------------------------------------------------------------

    \7\ See 19 CFR 351.309(c).
    \8\ See 19 CFR 351.309(d); see also Temporary Rule Modifying AD/
CVD Service Requirements Due to COVID-19; Extension of Effective 
Period, 85 FR 41363 (July 10, 2020) (Temporary Rule).
    \9\ See 19 CFR 351.303 (for general filing requirements).
    \10\ See generally 19 CFR 351.303.
---------------------------------------------------------------------------

    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 
ACCESS. 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. If a request 
for a hearing is made, Commerce will announce the date and time of the 
hearing. Parties should confirm by telephone the date and time of the 
hearing two days before the scheduled hearing date.
    Note that Commerce has temporarily modified certain of its 
requirements for

[[Page 54478]]

serving documents containing business proprietary information, until 
further notice.\11\ An electronically filed document must be received 
successfully in its entirety in ACCESS by 5:00 p.m. Eastern Time on the 
due date.
---------------------------------------------------------------------------

    \11\ See Temporary Rule.
---------------------------------------------------------------------------

    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.

Notification to Importers

    This notice also 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 doubled antidumping duties.

Notification to Interested Parties

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

    Dated: August 29, 2022.
Lisa W. Wang,
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. Discussion of the Methodology
V. Recommendation

[FR Doc. 2022-19191 Filed 9-2-22; 8:45 am]
BILLING CODE 3510-DS-P