[Federal Register Volume 89, Number 62 (Friday, March 29, 2024)]
[Notices]
[Pages 22123-22124]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-06672]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-549-839]


Steel Propane Cylinders From Thailand: Amended 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) is amending the 
final results of the administrative review of the antidumping duty 
order on steel propane cylinders from Thailand to correct one 
ministerial error. The period of review (POR) is August 1, 2021, 
through July 31, 2022.

DATES: Applicable March 29, 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 February 23, 2024, Commerce published the final results of the 
2021-2022 administrative review of the antidumping duty order on steel 
propane cylinders from Thailand.\1\ On February 29, 2024, Sahamitr 
Pressure Container Public Company Limited (SMPC), the sole respondent 
in this administrative review, timely alleged that Commerce made a 
ministerial error in the Final Results.\2\ Commerce is amending its 
Final Results to correct for the ministerial error alleged by SMPC. No 
other party made a ministerial error allegation or provided rebuttal 
comments in response to SMPC's ministerial error allegation.
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    \1\ See Steel Propane Cylinders from Thailand: Final Results of 
Antidumping Duty Administrative Review; 2021-2022, 89 FR 13690 
(February 23, 2024) (Final Results), and accompanying Issues and 
Decision Memorandum; see also Memorandum, ``Deadline for Ministerial 
Error Comments for the Final Results,'' dated February 22, 2024.
    \2\ See SMPC's Letter, ``Request for the Correction of a 
Ministerial Error Contained in the Final Results of Review,'' dated 
February 29, 2024.
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Legal Framework

    A ``ministerial error'' is defined as including ``errors in 
addition, subtraction, or other arithmetic function, clerical errors 
resulting from inaccurate copying, duplication, or the like, and any 
other type of unintentional error which the {Commerce{time}  considers 
ministerial.'' \3\ Pursuant to 19 CFR 351.224(e), Commerce will analyze 
any comments received and, if appropriate, correct any ministerial 
error by amending the final results of review.
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    \3\ See section 751(h) of the Act; see also 19 CFR 351.224(f).
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Ministerial Error

    In the Final Results, Commerce made an inadvertent error within the 
meaning of section 751(h) of the Tariff Act of 1930, as amended (the 
Act) and 19 CFR 351.224(f) with respect to the selection of sales 
databases used in SMPC's margin analysis. Accordingly, pursuant to 19 
CFR 351.224(e), Commerce is amending the Final Results to correct for 
this ministerial error.\4\ For a complete description and analysis of 
the specific inadvertent error, and SMPC's ministerial error 
allegation, see the accompanying Ministerial Error Allegation 
Memorandum.\5\ The Ministerial Error Allegation 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.
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    \4\ See Memorandum, ``Antidumping Duty Administrative Review of 
Steel Propane Cylinders from Thailand (2021-2022): Ministerial Error 
Allegation,'' dated concurrently with this notice (Ministerial Error 
Allegation Memorandum).
    \5\ Id.
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Amended Final Results of Review

    As a result of correcting this ministerial error, Commerce 
determines that, for the POR August 1, 2021, through July 31, 2022, the 
following weighted-average dumping margin exists:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                     Exporter/producer                         dumping
                                                                margin
                                                              (percent)
------------------------------------------------------------------------
Sahamitr Pressure Container Plc............................        2.15
------------------------------------------------------------------------

Disclosure

    We intend to disclose the calculations performed for these amended 
final results to parties in this review, under administrative 
protective order (APO), within five days of the date of publication of 
this notice in the Federal Register, in accordance with 19 CFR 
351.224(b).

Assessment Rate

    Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 
351.212(b)(1), 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 amended final 
results of the administrative 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 the entered value in order 
to calculate the assessment rate. Where either 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 rate is zero 
or de minimis, we will instruct CBP to liquidate the appropriate 
entries without regard to antidumping duties.
    Commerce's ``automatic assessment'' will apply to entries of 
subject merchandise during the POR produced by SMPC for which it 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.
    Commerce intends to issue assessment instructions to CBP no earlier 
than 35 days after the date of publication of the amended 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 
retroactively for all shipments of subject merchandise that entered, or 
were withdrawn from warehouse, for consumption on or after February 23,

[[Page 22124]]

2024, 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 these amended final results of 
review; (2) for producers or exporters not covered in this review but 
covered in a prior segment of the proceeding, 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 established in the less-than-
fair-value investigation.\6\ 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 this POR. Failure to comply with this 
requirement could result in the 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 APO 
of their responsibility concerning the disposition 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 return or destruction of APO materials or conversion to 
judicial protective order is hereby requested. Failure to comply with 
the regulations and the terms of an APO is a sanctionable violation.

Notification to Interested Parties

    The amended final results and notice are issued and published in 
accordance with sections 751(h) and 777(i) of the Act and 19 CFR 
351.224(e).

    Dated: March 22, 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.
[FR Doc. 2024-06672 Filed 3-28-24; 8:45 am]
BILLING CODE 3510-DS-P