[Federal Register Volume 88, Number 171 (Wednesday, September 6, 2023)]
[Notices]
[Pages 60921-60923]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19202]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-549-839]


Steel Propane Cylinders From Thailand: Preliminary 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) preliminarily finds 
that Sahamitr Pressure Container Plc. (also known as Sahamitr Pressure 
Container Public Company Limited) (SMPC) made sales of steel propane 
cylinders from Thailand at less than normal value (NV) during the 
period of review (POR), August 1, 2021, through July 31, 2022. We 
invite interested parties to comment on these preliminary results.

DATES: Applicable September 6, 2023.

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 August 15, 2019, Commerce published in the Federal Register the 
antidumping duty order on steel propane cylinders from Thailand.\1\ On 
August 2, 2022, Commerce published in the Federal Register a notice of 
opportunity to request an administrative review of the Order.\2\ On 
October 11, 2022, based on timely requests for review and in accordance 
with section 751(a)(1) of the Tariff Act of 1930, as amended (the Act) 
and 19 CFR 351.221(c)(1)(i), Commerce initiated an administrative 
review of the Order.\3\ Pursuant to section 751(a)(3)(A) of the Act, 
Commerce extended the deadline for the preliminary results until August 
31, 2023.\4\
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    \1\ 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).
    \2\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity To Request Administrative 
Review and Join Annual Inquiry Service List, 87 FR 47187 (August 2, 
2022).
    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 87 FR 61278, 61284 (October 11, 2022); see 
also Antidumping or Countervailing Duty Order, Finding, or Suspended 
Investigation; Opportunity To Request Administrative Review and Join 
Annual Inquiry Service List, 87 FR 47187, 47188 (August 2, 2022).
    \4\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of Antidumping Duty Administrative Review,'' dated April 3, 
2023.
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    For a complete description of the events that followed the 
initiation of this review, see the Preliminary Decision Memorandum.\5\ 
A list of the topics included in the Preliminary Decision Memorandum is 
included as the appendix 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 can be accessed directly 
at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \5\ See Memorandum, ``Decision Memorandum for Preliminary 
Results of Antidumping Duty Administrative Review: Steel Propane 
Cylinders from Thailand; 2021-2022,'' dated concurrently with, and 
hereby adopted by, this notice (Preliminary Decision Memorandum).
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Scope of the Order

    The merchandise covered by this Order is steel propane cylinders 
from Thailand. For a complete description of the scope of the Order, 
see the Preliminary Decision Memorandum.\6\
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    \6\ See Preliminary Decision Memorandum at ``Scope of the 
Order.''
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Methodology

    Commerce is conducting this review in accordance with section 
751(a) of the Act. Export price was calculated in accordance with 
section 772 of the Act. NV was calculated in accordance with section 
773 of the Act. For a full description of the methodology underlying 
these preliminary results, see the Preliminary Decision Memorandum.

Preliminary Results of the Review

    We preliminarily determine that the following estimated 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.............................        2.12
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Disclosure and Public Comment

    We intend to disclose the calculations used for these preliminary 
results to interested parties within five days of the date of 
publication of this notice in accordance with 19 CFR 351.224(b). 
Interested parties may submit case briefs not later than seven days 
after the date on which the verification report is issued in this 
administrative review.\7\ Rebuttal briefs, limited to issues raised in 
the case briefs, may be filed not later than seven days after the date 
for filing case briefs.\8\ Parties who submit case briefs or rebuttal 
briefs in this review are encouraged to submit with each argument: (1) 
a statement of the issue; (2) a brief summary of the argument; and (3) 
a table of authorities.\9\ Executive

[[Page 60922]]

summaries should be limited to five pages total, including footnotes. 
All briefs must be filed electronically using ACCESS.\10\
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    \7\ See 19 CFR 351.309(c)(1)(ii).
    \8\ See 19 CFR 351.309(d); see also Temporary Rule Modifying AD/
CVD Service Requirements Due to COVID-19; Extension of Effective 
Period, 85 FR 41363 (July 10, 2020) (Temporary Rule).
    \9\ See 19 CFR 351.309(c)(2) and (d)(2).
    \10\ See, generally, 19 CFR 351.303.
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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, within 30 days after the date 
of publication of this notice in the Federal Register. Requests should 
contain: (1) the party's name, address and telephone number; (2) the 
number of participants; and (3) whether any participant is a foreign 
national; and (4) a list of issues to be discussed. Issues raised in 
the hearing will be limited to those raised by each party in their 
respective case and rebuttal briefs. If a request for a hearing is 
made, Commerce will announce the date and time of the hearing. Parties 
should confirm by telephone the date and time of the hearing two days 
before the scheduled hearing date.
    Note that Commerce has temporarily modified certain of its 
requirements for serving documents containing business proprietary 
information, until further notice.\11\ An electronically filed document 
must be received successfully in its entirety in ACCESS by 5:00 p.m. 
Eastern Time on the due date.
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    \11\ See Temporary Rule, 85 FR at 41363-41364.
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    We intend to issue the final results of this administrative review, 
including the results of our analysis of the issues raised in any 
written briefs, not later than 120 days after the date of publication 
of this notice, unless extended, pursuant to section 751(a)(3)(A) of 
the Act.

Verification

    On January 18, 2023, Worthington Industries (the petitioner) 
requested that Commerce conduct verification of SMPC's responses.\12\ 
Accordingly, as provided in section 782(i)(3) of the Act, Commerce 
intends to verify the information relied upon in determining its final 
results.
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    \12\ See Petitioner's Letter, ``Steel Propane Cylinders from 
Thailand--Petitioner's Request for Verification,'' dated January 18, 
2023.
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Assessment Rates

    Upon issuance of the final results of this review, Commerce shall 
determine, and U.S. Customs and Border Protection (CBP) shall assess, 
antidumping duties on all appropriate entries covered by this review. 
If the weighted-average dumping margin for SMPC (i.e., the sole 
individually-examined respondent in this review) is not zero or de 
minimis (i.e., greater than or equal to 0.5 percent) in the final 
results of this review, we will calculate importer-specific ad valorem 
antidumping duty assessment rates on the basis of the ratio of the 
total amount of dumping calculated for the examined sales made during 
the POR to each importer and the total entered value of those same 
sales, in accordance with 19 CFR 351.212(b)(1). If SMPC has not 
reported entered values, we will calculate 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 transactions. To determine whether an importer-
specific, per-unit assessment rate is de minimis, in accordance with 19 
CFR 351.106(c)(2), we also will calculate an importer-specific ad 
valorem ratio based on estimated entered values. Where either SMPC's 
weighted average dumping margin is zero or de minimis, or an importer-
specific assessment ad valorem rate is zero or de minimis, we intend to 
instruct CBP to liquidate appropriate entries without regard to 
antidumping duties.\13\ The final results of this review shall be the 
basis for the assessment of antidumping duties on entries of 
merchandise covered by this review where applicable.
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    \13\ See 19 CFR 351.106(c)(2); see also Antidumping Proceeding: 
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 SMPC 
for which the producer did not know its merchandise was destined for 
the United States, we will instruct CBP to liquidate those entries at 
the all-others rate (i.e., 10.77 percent) \14\ if there is no rate for 
the intermediate company(ies) involved in the transaction.\15\
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    \14\ See Order, 84 FR at 41704.
    \15\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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    We intend 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).

Cash Deposit Requirements

    The following cash deposit requirements will be effective for all 
shipments of the 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 established in the final 
results of this administrative review, except if the rate is less than 
0.50 percent and, therefore, de minimis within the meaning of 19 CFR 
351.106(c)(1), in which case the cash deposit rate will be zero; (2) 
for previously reviewed or investigated companies not listed above, the 
cash deposit rate will continue to be the company-specific rate 
published for the most recently completed segment of this proceeding in 
which the company participated; (3) if the exporter is not a firm 
covered in this review, a prior review, or in the less-than-fair-value 
investigation (LTFV) but the producer is, 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) the cash 
deposit rate for all other producers or exporters will continue to be 
the all-others rate of 10.77 percent, the rate established in the LTFV 
investigation of this proceeding.\16\ These cash deposit requirements, 
when imposed, shall remain in effect until further notice.
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    \16\ See Order, 84 FR at 41704.
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Notification to Importers

    This notice also 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 doubled antidumping duties.

Notification to Interested Parties

    We are issuing and publishing these preliminary results of review 
in accordance with sections 751(a)(1) and 777(i) of the Act, and 19 CFR 
351.213(h)(2) and 19 CFR 351.221(b)(4).

    Dated: August 30, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order

[[Page 60923]]

IV. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation

[FR Doc. 2023-19202 Filed 9-5-23; 8:45 am]
BILLING CODE 3510-DS-P