[Federal Register Volume 87, Number 177 (Wednesday, September 14, 2022)]
[Notices]
[Pages 56404-56405]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-19858]


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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 the Final Results of 
Antidumping Administrative Review; Notice of Amended Final Results of 
Antidumping Administrative Review; 2017-2018

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

SUMMARY: On September 17, 2021, the U.S. Court of International Trade 
(CIT) issued its final judgment in Saha Thai Steel Pipe Public Company 
Ltd. v. United States, 538 F. Supp. 3d 1354 (CIT 2021) (Saha Thai II), 
sustaining the U.S. Department of Commerce's (Commerce) final results 
of redetermination pertaining to the administrative review of the 
antidumping duty order on circular welded carbon steel pipes and tubes 
(pipes and tubes) from Thailand covering the period of review (POR) 
March 1, 2017, through February 28, 2018. Commerce is notifying the 
public that the CIT's final judgment is not in harmony with Commerce's 
final results of the administrative review, and that Commerce is 
amending the final results of review with respect to the weighted-
average dumping margin assigned to Saha Thai Steel Pipe (Public) 
Company, Ltd. (Saha Thai).

DATES: Applicable September 27, 2021.

FOR FURTHER INFORMATION CONTACT: Charles DeFilippo, 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) 482-3797.

SUPPLEMENTARY INFORMATION:

Background

    On November 20, 2019, Commerce published its Final Results in the 
2017-2018 antidumping duty administrative review of pipes and tubes 
from Thailand.\1\ In the Final Results, Commerce determined that a 
particular market situation (PMS) existed in the Thai pipes and tubes 
market related to purchases of hot-rolled coil during the POR.\2\
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    \1\ See Circular Welded Carbon Steel Pipes and Tubes from 
Thailand: Final Results of Antidumping Duty Administrative Review 
and Final Determination of No Shipments; 2017- 2018, 84 FR 64041 
(November 20, 2019) (Final Results), and accompanying Issues and 
Decision Memorandum.
    \2\ Id.; see also Circular Welded Carbon Steel Pipes and Tubes 
from Thailand: Preliminary Results of Antidumping Duty 
Administrative Review and Preliminary Determination of No Shipments; 
2017-2018, 84 FR 22450 (May 17, 2019), and accompanying Preliminary 
Decision Memorandum, at 6-7.
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    Mandatory respondent Saha Thai challenged Commerce's Final Results 
before the CIT. On October 19, 2020, the CIT remanded the Final Results 
and ordered Commerce to remove its cost-based PMS adjustment and 
recalculate Saha Thai's weighted-average dumping margin without a PMS 
adjustment.\3\
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    \3\ See Saha Thai Steel Pipe Pub. Co. Ltd. v. United States, 476 
F. Supp. 3d 1378, 1386 (CIT 2020) (Saha Thai I).
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    In the Final Redetermination, issued in March 2021, Commerce, under 
respectful protest, recalculated Saha Thai's weighted-average dumping 
margin without making a cost-based PMS adjustment.\4\ The CIT held that 
Commerce's Final Redetermination was consistent with the CIT's order in 
Saha Thai II.\5\
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    \4\ See Final Results of Redetermination Pursuant to Court 
Remand, Saha Thai Steel Pipe Pub. Co., Ltd., et al. v. United 
States, Court No. 19-00208, Slip Op. 20-148, dated March 14, 2021 
(Final Redetermination).
    \5\ See Saha Thai II.
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Timken Notice

    In its decision in Timken,\6\ as clarified by Diamond Sawblades,\7\ 
the U.S. 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 September 
17, 2021, judgment constitutes a final decision of the CIT that is not 
in harmony with Commerce's Final Results. 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 Results

    Because there is now a final court judgment, Commerce is amending 
its Final Results with respect to Saha Thai. The revised dumping 
margins are as follows:

------------------------------------------------------------------------
                                        Final results
                                          of review:    Final results of
                                          weighted-     redetermination:
          Exporter/producer            average dumping  weighted-average
                                            margin       dumping  margin
                                          (percent)         (percent)
------------------------------------------------------------------------
Saha Thai Steel Pipe (Public)                    5.15              0.00
 Company, Ltd........................
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Cash Deposit Requirements

    Because Saha Thai has a superseding cash deposit rate, i.e., there 
have been final results published in a subsequent administrative 
review, we will not issue revised cash deposit instructions to U.S. 
Customs and Border Protection (CBP). These amended final results of 
review will not affect the current cash deposit rate.

Liquidation of Suspended Entries

    Commerce intends to instruct CBP to assess antidumping duties on 
unliquidated entries of subject merchandise, where appropriate,

[[Page 56405]]

pursuant to the final and conclusive court decision and in accordance 
with 19 CFR 351.212(b). The time for appeals has expired. Because Saha 
Thai's weighted-average dumping margin is zero or de minimis within the 
meaning of 19 CFR 351.106(c)(1), we intend to instruct CBP to liquidate 
the appropriate entries without regard to antidumping duties.\8\
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    \8\ See 19 CFR 351.106(c)(2).
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    Commerce's ``reseller policy'' will apply to entries of subject 
merchandise during the POR produced by Saha Thai for which Saha Thai 
did not know that the merchandise they sold to the intermediary (e.g., 
a reseller, trading company, or exporter) 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.\9\
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    \9\ For a full discussion of this practice, see Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 
68 FR 23954 (May 6, 2003).
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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 8, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2022-19858 Filed 9-13-22; 8:45 am]
BILLING CODE 3510-DS-P