[Federal Register Volume 87, Number 175 (Monday, September 12, 2022)]
[Notices]
[Pages 55785-55786]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-19630]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-549-502]


Circular Welded Carbon Steel Pipes and Tubes From Thailand: 
Notice of Court Decision Not in Harmony With Final Scope Ruling and 
Notice of Amended Final Scope Ruling Pursuant to Court Decision

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

SUMMARY: On August 25, 2022, the U.S. Court of International Trade 
(CIT) issued its final judgment in Saha Steel Pipe Public Company, Ltd 
v. United States, Court No. 20-00133, Slip Op. 22-99 (Saha Steel), 
sustaining the Department of Commerce (Commerce)'s final results of 
redetermination pertaining to the scope ruling for the antidumping duty 
(AD) order on circular welded carbon steel pipes and tubes (CWP) from 
Thailand. In the redetermination, Commerce found that dual-stenciled 
standard pipe and line pipe are outside the scope of the order, 
pursuant to the CIT's remand order in Saha Thai Steel Pipe Public 
Company Ltd v. United States, 547 F. Supp. 3d 1278 (CIT Oct. 6, 2021) 
(Remand Order). Commerce is notifying the public that the CIT's final 
judgment is not in harmony with Commerce's final scope ruling, and that 
Commerce is amending the scope ruling to find that dual-stenciled 
standard pipe and line pipe are outside the scope of the order.

DATES: Applicable September 4, 2022.

FOR FURTHER INFORMATION CONTACT: Leo Ayala, 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) 482-3945.

SUPPLEMENTARY INFORMATION:

Background

    On June 30, 2020, in its Final Scope Ruling, Commerce found that 
dual-stenciled standard pipe and line pipe, products which are 
stenciled as meeting industry standards for both standard pipe and line 
pipe, are within the scope of the AD order on CWP from Thailand.\1\ 
Commerce also found that line pipe, which is not dual-stenciled as 
standard pipe and line pipe, is not within the scope of the Order.\2\
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    \1\ See Memorandum, ``Antidumping Duty Order on Circular Welded 
Carbon Steel Pipes and Tubes from Thailand: Final Scope Ruling on 
Line Pipe and Dual-Stenciled Standard and Line Pipe,'' dated June 
30, 2020 (Final Scope Ruling). See also Antidumping Duty Order; 
Circular Welded Carbon Steel Pipes and Tubes from Thailand, 51 FR 
8341 (March 11, 1986) (Order).
    \2\ See Final Scope Ruling.
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    Saha Thai Steel Pipe Public Company Ltd. appealed Commerce's Final 
Scope Ruling with respect to its determination on dual-stenciled 
standard pipe and line pipe. On October 6, 2021, the CIT remanded the 
Final Scope Ruling to Commerce to conduct an analysis that reconsidered 
the sources listed in 19 CFR 351.225(k)(1) to determine whether dual-
stenciled pipe, which is certified for use in standard pipe or line 
pipe applications, falls within the scope of the Order.\3\ In 
accordance with the CIT's analysis and conclusions, Commerce issued its 
final results of redetermination, submitted to the CIT on April 22, 
2022, in which Commerce, under protest, concluded that dual-stenciled 
standard pipe and line pipe are outside the scope of the Order.\4\ The 
CIT subsequently sustained Commerce's Amended Final Redetermination.\5\
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    \3\ See Remand Order.
    \4\ See ``Saha Thai Steel Pipe Public Company, Ltd., v. United 
States, Court No. 1:20-cv-133, Slip Op. 21-135 (CIT October 6, 
2021)--Amended Final Results of Redetermination Pursuant to Court 
Remand'' dated April 22, 2022. (Amended Final Redetermination). 
Commerce previously submitted a final results of redetermination on 
January 4, 2022. See Saha Thai Steel Pipe Public Company, Ltd., v. 
United States, Court No. 1:20-cv-133, Slip Op. 21-135 (CIT October 
6, 2021)--Final Results of Redetermination Pursuant to Court 
Remand,'' ECF No. 58. However, on a motion by the government, the 
Court granted Commerce leave to amend the final results of 
redetermination by removing extraneous legal arguments, and to 
submit an amended final results of redetermination. See Amended 
Final Redetermination.
    \5\ See Saha Steel.
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Timken Notice

    In its decision in Timken,\6\ as clarified by Diamond Sawblades,\7\ 
the Court of Appeals for the Federal Circuit held that, pursuant to 
sections 516A(c) and (e) of the Tariff Act of 1930, as amended (the 
Act), Commerce must publish a notice of court decision that is not ``in 
harmony'' with a Commerce determination, and must suspend liquidation 
of entries pending a ``conclusive'' court decision. The CIT's August 
25, 2022, judgment constitutes a final decision of the CIT that is not 
in harmony with Commerce's Final Scope Ruling. Thus, this notice is 
published in fulfillment of the publication requirements of Timken.
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    \6\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 
1990) (Timken).
    \7\ See Diamond Sawblades Manufacturers Coalition v. United 
States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
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Amended Final Scope Ruling

    In accordance with the CIT's August 25, 2022, final judgment, 
Commerce is amending its Final Scope Ruling and determines that the 
scope of the Order does not cover dual-stenciled standard pine and line 
pipe addressed in the Final Scope Ruling.

Liquidation of Suspended Entries

    Commerce will instruct U.S. Customs and Border Protection (CBP) 
that, pending any appeals, the cash deposit rate will be zero percent 
for entries of dual-stenciled standard pipe and line pipe produced in 
Thailand. In the event that the CIT's final judgment is not appealed or 
is upheld on appeal, Commerce will instruct CBP to lift suspension of 
liquidation of such

[[Page 55786]]

entries, and to liquidate entries of dual-stenciled standard pipe and 
line pipe produced in Thailand without regard to antidumping duties.

Notification to Interested Parties

    This notice is issued and published in accordance with sections 
516A(c) and (e), and 777(i)(1) of the Act.

    Dated: September 1, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2022-19630 Filed 9-9-22; 8:45 am]
BILLING CODE 3510-DS-P