[Federal Register Volume 89, Number 37 (Friday, February 23, 2024)]
[Notices]
[Pages 13690-13692]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-03740]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-549-839]


Steel Propane Cylinders From Thailand: Final Results of 
Antidumping Duty Administrative Review; 2021-2022

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

SUMMARY: The U.S. Department of Commerce (Commerce) finds that Sahamitr 
Pressure Container Plc. (also known as Sahamitr Pressure Container 
Public Company Limited) (SMPC) made sales of subject merchandise in the 
United States at prices below normal value during the period of review 
(POR) August 1, 2021, through July 31, 2022.

DATES: Applicable February 23, 2024.

FOR FURTHER INFORMATION CONTACT: Samuel Brummitt, 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) 482-7851.

SUPPLEMENTARY INFORMATION:

Background

    On September 6, 2023, Commerce published the preliminary results of 
the 2021-2022 administrative review of the antidumping duty order on 
steel propane cylinders from Thailand and invited interested parties to 
comment.\1\ On December 12, 2023, we extended the deadline for these 
final results to February 16, 2024.\2\ For a complete description of 
the events that occurred since the Preliminary Results, see the Issues 
and Decision Memorandum.\3\
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    \1\ See Steel Propane Cylinders from Thailand: Preliminary 
Results of Antidumping Duty Administrative Review; 2021-2022, 88 FR 
60921 (September 6, 2023) (Preliminary Results), and accompanying 
Preliminary Decision Memorandum.
    \2\ See Memorandum, ``Extension of Deadline for Final Results of 
Antidumping Duty Administrative Review,'' dated December 12, 2023.
    \3\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the Administrative Review of the Antidumping Duty 
Order on Steel Propane Cylinders from Thailand; 2021-2022,'' dated 
concurrently with, and hereby adopted by, this notice (Issues and 
Decision Memorandum).
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    Commerce conducted this review in accordance with section 
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act).

Scope of the Order 4
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    \4\ See Steel Propane Cylinders from the People's Republic of 
China and Thailand: Amended Final Determination of Sales at Less 
Than Fair Value and Antidumping Duty Orders, 84 FR 41703 (August 15, 
2019) (Order).
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    The merchandise covered by this Order is steel propane cylinders 
from

[[Page 13691]]

Thailand. 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 addressed in 
the Issues and Decision Memorandum. A list of the issues that parties 
raised, and to which we responded in the Issues and Decision 
Memorandum, is attached as an appendix to this notice. 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 complete 
version of the Issues and Decision Memorandum can be accessed directly 
at https://access.trade/gov/public/FRNoticesListLayout.aspx.

Changes Since the Preliminary Results

    Based on a review of the record and comments received from 
interested parties, we made certain adjustments to the margin 
calculations for these final results, as detailed in the Issues and 
Decision Memorandum.

Final Results of Review

    As a result of this administrative review, Commerce determines that 
the following weighted-average dumping margin exists for the period 
August 1, 2021, through July 31, 2022:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                     Exporter/producer                         dumping
                                                                margin
                                                              (percent)
------------------------------------------------------------------------
Sahamitr Pressure Container Plc............................        2.17
------------------------------------------------------------------------

Disclosure

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

Assessment Rates

    Pursuant to section 751(a)(2)(C) of the Act, 19 CFR 351.213, and 19 
CFR 351.212(b), Commerce has determined, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries of subject merchandise in accordance with these final results 
of review. Pursuant to 19 CFR 351.212(b)(1), where the respondent 
reported the entered value of its U.S. sales, we calculated importer-
specific ad valorem duty assessment rates based on the ratio of the 
total amount of dumping calculated for the examined sales to the total 
entered value of the sales for which entered value was reported. Where 
the respondent did not report entered value, we calculated a per-unit 
assessment rate for each importer by dividing the total amount of 
dumping calculated for the examined sales made to that importer by the 
total quantity associated with those sales. To determine whether an 
importer-specific, per-unit assessment rate is de minimis, in 
accordance with 19 CFR 351.106(c)(2), we also calculated an importer-
specific ad valorem ratio based on estimated entered values. Where the 
respondent's weighted-average dumping margin is zero or de minimis 
within the meaning of 19 CFR 351.106(c)(1), 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's ``reseller policy'' will apply to entries of subject 
merchandise during the POR produced by SMPC for which the reviewed 
company did not know that the merchandise it 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.\5\
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    \5\ 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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    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). The final results of this administrative 
review shall be the basis for the assessment of antidumping duties on 
entries of merchandise under review and for future cash deposits of 
estimated antidumping duties, where applicable.

Cash Deposit Requirements

    The following cash deposit requirements for estimated antidumping 
duties will be effective for all shipments of subject merchandise 
entered, or withdrawn from warehouse, for consumption on or after the 
publication date of the final results of this administrative review, as 
provided 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 that is 
established in the final results of this review (except if that rate is 
de minimis, in which situation the cash deposit rate will be zero); (2) 
for merchandise exported by a company not covered in this review but 
covered in a prior completed segment of the proceeding, the cash 
deposit rate will continue to be the company-specific rate published in 
the completed segment for the most recent period; (3) if the exporter 
is not a firm covered in this review, a prior review, or the original 
investigation but the producer has been covered in a prior complete 
segment of this proceeding, the cash deposit rate will be the company-
specific rate established in the completed segment for the most recent 
period for the producer of the merchandise; (4) the cash deposit rate 
for all other producers and exporters will continue to be 10.77 percent 
ad valorem,\6\ the all-others rate established in the less-than-fair-
value investigation. These cash deposit requirements, when imposed, 
shall remain in effect until further notice.
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    \6\ See Steel Propane Cylinders from Thailand: Final 
Determination of Sales at Less Than Fair Value, 84 FR 29168, 29169 
(June 21, 2019).
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Notification to Importers

    This notice also 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 the POR. 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.

Administrative Protective Order

    This notice also serves as a reminder to parties subject to an 
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(a)(3), which 
continues to govern business proprietary information in this segment of 
the proceeding. Timely written notification of the return or 
destruction of APO materials, or conversion to judicial protective 
order, is hereby

[[Page 13692]]

requested. Failure to comply with the regulations and the terms of an 
APO is a sanctionable violation.

Notification to Interested Parties

    We are 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: February 16, 2024.
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 Since the Preliminary Results
V. Discussion of the Issues
    Comment 1: Whether Commerce Should Remove Certain Non-Propane 
Cylinders from SMPC's Home Market Sales Database
    Comment 2: Whether to Revise the Capping of U.S. Freight Revenue
    Comment 3: Differential Pricing Analysis
VI. Recommendation

[FR Doc. 2024-03740 Filed 2-22-24; 8:45 am]
BILLING CODE 3510-DS-P