[Federal Register Volume 89, Number 45 (Wednesday, March 6, 2024)]
[Notices]
[Pages 15971-15973]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-04740]



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DEPARTMENT OF COMMERCE

International Trade Administration

[A-549-502]


Circular Welded Carbon Steel Pipes and Tubes From Thailand: 
Preliminary Results and Rescission, in Part, of Antidumping Duty 
Administrative Review; 2022-2023

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds 
that certain producers/exporters subject to this administrative review 
did not make sales of subject merchandise at less than normal value 
(NV) during the period of review (POR) March 1, 2022, through February 
28, 2023. Commerce is also rescinding the review, in part, with respect 
to 28 respondents. We invite interested parties to comment on these 
preliminary results.

DATES: Applicable March 6, 2024.

FOR FURTHER INFORMATION CONTACT: Jacob Keller or 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) 482-4849 or (202) 482-0410, 
respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On March 11, 1986, Commerce published in the Federal Register the 
antidumping duty order on circular welded carbon steel pipes and tubes 
(CWP) from Thailand.\1\ On March 2, 2023, Commerce published in the 
Federal Register the notice of initiation of the administrative review 
of the Order.\2\ On June 5, 2023, Commerce selected Saha Thai Steel 
Pipe Public Co., Ltd. (Saha Thai) and Thai Premium Pipe Co. Ltd. (TPP) 
for individual examination as the mandatory respondents in this 
administrative review.\3\ On January 16, 2024, Commerce notified 
interested parties of our intent to rescind this administrative review 
with respect to the 28 companies that have no reviewable suspended 
entries.\4\ On November 13, 2023, Commerce extended the time limit for 
these preliminary results to March 5, 2024.\5\ For a complete 
description of the events that occurred since the initiation of this 
review, see the Preliminary Decision Memorandum.\6\
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    \1\ See Antidumping Duty Order; Circular Welded Carbon Steel 
Pipes and Tubes from Thailand, 51 FR 8341 (March 11, 1986) (Order).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 88 FR 29881, 29884 (May 9, 2023).
    \3\ See Memorandum, ``Respondent Selection,'' dated June 5, 
2023.
    \4\ See Memorandum, ``Intent to Partially Rescind Review,'' 
dated January 16, 2024 (Intent to Rescind Memorandum).
    \5\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of the Antidumping Duty Administrative Review; 2021-2022,'' 
dated November 7, 2022.
    \6\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Administrative Review and Rescission, in Part, of the 
Antidumping Duty Order on Circular Welded Carbon Steel Pipes and 
Tubes from Thailand; 2022-2023,'' dated concurrently with, and 
hereby adopted by, this notice (Preliminary Decision Memorandum).
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    A list of topics discussed in the Preliminary Decision Memorandum 
is attached in Appendix I 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 is available at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Scope of the Order

    The products covered by the Order are CWP from Thailand. For a 
complete description of the scope of this Order, see the Preliminary 
Decision Memorandum.

Rescission of Review, In Part

    Pursuant to 19 CFR 351.213(d)(3), Commerce will rescind an 
administrative review when there are no reviewable suspended entries. 
Based on our analysis of U.S. Customs and Border Protection (CBP) 
information, we preliminarily determine that 28 companies had no 
entries of subject merchandise during the POR. On January 16, 2024, we 
notified parties of our intent to rescind this administrative review 
with respect to the 28 companies listed in Appendix II that had no 
reviewable suspended entries during the POR.\7\ No parties commented on 
our Intent to Rescind Memorandum. As a result, we are rescinding this 
review, in part, with respect to the 28 companies listed in Appendix II 
of this notice.
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    \7\ See Intent to Rescind Memorandum.
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Methodology

    Commerce is conducting this review in accordance with section 
751(a) of the Tariff Act of 1930, as amended (the Act). We calculated 
export price and NV in accordance with sections 772 and 773 of the Act, 
respectively. For a complete description of the methodology underlying 
our conclusions, see the Preliminary Decision Memorandum.

Preliminary Results of Review

    Commerce preliminarily determines that the following estimated 
weighted-average dumping margins exist for the period March 1, 2022, 
through February 28, 2023:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                  Producer or exporter                    dumping margin
                                                             (percent)
------------------------------------------------------------------------
Saha Thai Steel Pipe Public Co., Ltd. (also known as                0.00
 Saha Thai Steel Pipe (Public) Company, Ltd.)...........
Thai Premium Pipe Co. Ltd...............................            0.00
------------------------------------------------------------------------

Assessment Rates

    Upon completion of the final results, Commerce shall determine and 
CBP shall assess, antidumping duties on all appropriate entries covered 
by this review.\8\ If Saha Thai or TPP's weighted-average dumping 
margin is not zero or de minimis (i.e., less than 0.50 percent) 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 each importer's examined sales and the total 
entered value of those same sales in accordance with 19 CFR 
351.212(b)(1).\9\ If either the respondent's weighted-average dumping 
margin or an importer-specific assessment rate is zero or de minimis in 
the final results of review, we intend to instruct CBP not to liquidate 
relevant entries without regards to antidumping duties.
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    \8\ See 19 CFR 351.212(b)(1).
    \9\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Proceedings: Final Modification, 77 FR 8101, 8103 (February 14, 
2012).
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    For entries of subject merchandise during the POR produced by Saha 
Thai or TPP for which they did not know that the merchandise was 
destined to the United States, 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.\10\
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    \10\ 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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    For the companies for which this review is rescinded with these 
preliminary results, we will instruct CBP to assess antidumping duties 
on all appropriate entries at a rate equal to the

[[Page 15972]]

cash deposit of estimated antidumping duties required at the time of 
entry, or withdrawal from warehouse, for consumption, during the period 
January 1, 2022, through December 31, 2022, in accordance with 19 CFR 
351.212(c)(l)(i). 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 
covered by the final results of this review and for future deposits of 
estimated duties, where applicable.\11\
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    \11\ See section 751(a)(2)(C) of the Act; and 19 CFR 351.212(b).
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Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication in the Federal Register of the notice of final results of 
administrative review for all shipments of CWP from Thailand entered, 
or withdrawn from warehouse, for consumption on or after the date of 
publication as provided for by section 751(a)(2)(C) of the Act: (1) the 
cash deposit rate for Saha Thai and TPP will be equal to the weighted-
average dumping margin established in the final results of this review 
(except, if that rate is de minimis within the meaning of 19 CFR 
351.106(c)(1), then 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 or another completed segment of 
this proceeding, but the producer is, then the cash deposit rate will 
be the company-specific rate established for the completed segment for 
the most recent period for the producer of the merchandise; and (4) the 
cash deposit rate for all other producers or exporters will continue to 
be 15.67 percent, the all-others rate established in the less-than-
fair-value investigation.\12\ These cash deposit requirements, when 
imposed, shall remain in effect until further notice.
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    \12\ See Order.
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Disclosure and Public Comment

    We intend to disclose the calculations performed for these 
preliminary results to interested parties within five days after the 
date of publication of this notice.\13\ Pursuant to 19 CFR 
351.309(c)(1)(ii), interested parties may submit case briefs to 
Commerce no later than 30 days after the date of publication of this 
notice. Rebuttal briefs, limited to issues raised in the case briefs, 
may be filed not later than five days after the date for filing case 
briefs.\14\ Interested parties who submit case or rebuttal briefs in 
this administrative review must submit: (1) a table of contents listing 
each issue; and (2) a table of authorities.\15\
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    \13\ See 19 CFR 351.224(b).
    \14\ See 19 CFR 351.309(d); see also Administrative Protective 
Order, Service, and Other Procedures in Antidumping and 
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29, 
2023) (APO and Final Service Rule).
    \15\ See 19 CFR 351.309(c)(2) and (d)(2).
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    As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior 
proceedings we have encouraged interested parties to provide an 
executive summary of their brief that should be limited to five pages 
total, including footnotes. In this review, we instead request that 
interested parties provide at the beginning of their briefs a public, 
executive summary for each issue raised in their briefs.\16\ Further, 
we request that interested parties limit their executive summary of 
each issue to no more than 450 words, not including citations. We 
intend to use the executive summaries as the basis of the comment 
summaries included in the issues and decision memorandum that will 
accompany the final results in this administrative review. We request 
that interested parties include footnotes for relevant citations in the 
executive summary of each issue.
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    \16\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
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    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 in the case and rebuttal briefs.
    All submissions, including case and rebuttal briefs, as well as 
hearing requests, should be filed using ACCESS.\17\ An electronically 
filed document must be received successfully in its entirety by ACCESS 
by 5:00 p.m. Eastern Time on the established deadline. Note that 
Commerce has amended certain of its requirements pertaining to the 
service of documents in 19 CFR 351.303(f).\18\
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    \17\ See 19 CFR 351.303.
    \18\ See APO and Final Service Rule.
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Final Results of Review

    Unless otherwise extended, 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 in the Federal 
Register, pursuant to section 751(a)(3)(A) of the Act and 19 CFR 
351.213(h)(1).

Notification to Importers

    This notice 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 double antidumping duties.

Notification to Interested Parties

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

    Dated: February 29, 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 I

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Partial Rescission of Administrative Review
V. Discussion of Methodology
VI. Currency Conversion
VII. Recommendation

Appendix II

Companies Rescinded From This Administrative Review

1. Apex International Logistics
2. Aquatec Maxcon Asia
3. Asian Unity Part Co., Ltd.

[[Page 15973]]

4. Better Steel Pipe Company Limited
5. Bis Pipe Fitting Industry Co., Ltd.
6. Blue Pipe Steel Center Co. Ltd.
7. Chuhatsu (Thailand) Co., Ltd.
8. CSE Technologies Co., Ltd.
9. Expeditors International (Bangkok)
10. Expeditors Ltd.
11. FS International (Thailand) Co., Ltd.
12. Kerry-Apex (Thailand) Co., Ltd.
13. K Line Logistics
14. Oil Steel Tube (Thailand) Co., Ltd.
15. Otto Ender Steel Structure Co., Ltd.
16. Pacific Pipe and Pump
17. Pacific Pipe Public Company Limited
18. Panalpina World Transport Ltd.
19. Polypipe Engineering Co., Ltd.
20. Schlumberger Overseas S.A.
21. Siam Fittings Co., Ltd.
22. Siam Steel Pipe Co., Ltd.
23. Sino Connections Logistics (Thailand) Co., Ltd.
24. Thai Malleable Iron and Steel
25. Thai Oil Group
26. Thai Oil Pipe Co., Ltd.
27. Vatana Phaisal Engineering Company
28. Visavakit Patana Corp., Ltd.

[FR Doc. 2024-04740 Filed 3-5-24; 8:45 am]
BILLING CODE 3510-DS-P