[Federal Register Volume 87, Number 66 (Wednesday, April 6, 2022)]
[Notices]
[Pages 19856-19858]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-07215]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-549-502]


Circular Welded Carbon Steel Pipes and Tubes From Thailand: 
Preliminary Results of Antidumping Duty Administrative Review and 
Preliminary Determination of No Shipments; 2020-2021

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

SUMMARY: The Department of Commerce (Commerce) preliminarily finds that 
Saha Thai Steel Pipe Public Co., Ltd., also known as Saha Thai Steel 
Pipe (Public) Co., Ltd. (Saha Thai), as well as 28 non-examined 
companies, made sales of subject merchandise at less than normal value 
during the period of review (POR) March 1, 2020, through February 28, 
2021. We further preliminarily determine that K Line Logistics 
(Thailand) Ltd. (K-Line) had no shipments during the POR. We invite 
interested parties to comment on these preliminary results.

DATES: Applicable April 6, 2022.

FOR FURTHER INFORMATION CONTACT: Michael Romani or Richard Roberts, 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) 482-0198 or (202) 
482-3464, respectively.

SUPPLEMENTARY INFORMATION:

Background

    These preliminary results are made in accordance with section 
751(a)(3)(A) of the Tariff Act of 1930, as amended (the Act). Commerce 
published the notice of initiation of this administrative review on May 
5, 2021.\1\ On November 24, 2021, Commerce extended the time for 
issuing the preliminary results of this review to March 31, 2022.\2\
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 86 FR 23925 (May 5, 2021).
    \2\ See Memorandum, ``2020-2021 Antidumping Duty Administrative 
Review of Circular Welded Carbon Steel Pipes and Tubes from 
Thailand: Extension of Deadline for Preliminary Results of 
Antidumping Duty Administrative Review,'' dated November 24, 2021.
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    For a more complete description of the events between the 
initiation of this review and these preliminary results, see the 
Preliminary Decision Memorandum.\3\ 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, the signed Preliminary Decision Memorandum can be accessed 
directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \3\ See Memorandum, ``Circular Welded Carbon Steel Pipes and 
Tubes from Thailand: Decision Memorandum for the Preliminary Results 
of Antidumping Duty Administrative Review and Preliminary 
Determination of No Shipments; 2020-2021,'' dated concurrently with, 
and hereby adopted by, this notice (Preliminary Decision 
Memorandum).
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Scope of the Order <SUP>4</SUP>
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    \4\ See Antidumping Duty Order; Circular Welded Carbon Steel 
Pipes and Tubes from Thailand, 51 FR 8341 (March 11, 1986) (Order).
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    The products covered by the Order are pipes and tubes from 
Thailand. For a full description of the scope of this Order, see the 
Preliminary Decision Memorandum.\5\
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    \5\ See Preliminary Decision Memorandum at ``Scope of the 
Order.''
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Methodology

    Commerce conducted this review in accordance with section 751(a)(2) 
of the Act. Export price is calculated in accordance with section 772 
of the Act. Normal value is 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 Determination of No Shipments

    On May 31, 2021, K-Line submitted a letter certifying that it had 
no exports or sales of subject merchandise into the United States 
during the POR.\6\ U.S. Customs and Border Protection (CBP) did not 
have any information to contradict this claim of no shipments during 
the POR.\7\ Therefore, we preliminarily determine that K-Line did not 
have any shipments of subject merchandise during the POR. Consistent 
with Commerce's practice, we will not rescind the review with respect 
to K-Line but will complete the review and issue instructions to CBP 
based on the final results.\8\
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    \6\ See K-Line's Letter, ``Circular Welded Carbon Steel Pipes 
and Tubes from Thailand, Case No. A-S49-S02: Notice of No Sales,'' 
dated May 31, 2021.
    \7\ See Memorandum, ``Antidumping Duty Administrative Review; 
Circular Welded Carbon Steel Pipes and Tubes from Thailand, 2020-
2021: U.S. Customs and Border Protection (CBP) Data Release,'' dated 
May 27, 2021 at Attachment. See also Instruction to Customs and 
Border Protection, ``No shipments inquiry for Circular Welded Pipes 
and Tubes from Thailand by K Line Logistics (A-549-502),'' dated 
March 7, 2022; and Memorandum, ``Antidumping Duty Administrative 
Review; Circular Welded Carbon Steel Pipes and Tubes from Thailand, 
2020-2021: U.S. Customs and Border Protection (CBP) Data Release,'' 
dated May 27, 2021.
    \8\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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Rate for Non-Examined Companies

    The statute and Commerce's regulations do not address the 
establishment of a weighted-average dumping margin to be applied to 
companies not selected for individual examination when Commerce limits 
its examination in an administrative review pursuant to section 
777A(c)(2) of the Act. Generally, Commerce looks to section 735(c)(5) 
of the Act, which provides instructions for calculating the all-others 
rate in a less-than-fair-value investigation, for guidance when 
calculating the weighted-average dumping margin for companies which 
were not selected for individual examination in an administrative 
review. Under section 735(c)(5)(A) of the Act, the all-others rate is 
normally an amount equal to the weighted-average of the estimated 
weighted-average dumping margins established for exporters and 
producers individually investigated, excluding any zero or de minimis 
(i.e., less than 0.5 percent) margins, and any margins determined 
entirely on the basis of facts available.
    In this review, we have preliminarily calculated a weighted-average 
dumping margin for mandatory respondent, Saha Thai, that is zero 
percent. Where the rates for the individually examined companies are 
all zero, de minimis, or determined entirely using facts available, 
section 735(c)(5)(B) of the Act instructs that Commerce ``may use any 
reasonable method to establish the estimated all-others rate for 
exporters and producers not individually investigated, including 
averaging the estimated weighted average dumping margins determined for 
the exporters and producers individually investigated.'' One such 
reasonable method is to weight average the zero and de minimis rates, 
and the rates determined entirely pursuant to facts available. In fact, 
the SAA states that

[[Page 19857]]

this is the ``expected'' method in such circumstances.\9\ Accordingly, 
we determined the weighted-average dumping margin for the 28 companies 
that were not selected for individual examination based on the weighted 
average dumping margin calculated for Saha Thai, i.e., zero percent, 
consistent with section 735(c)(5)(B) of the Act.
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    \9\ See Statement of Administrative Action Accompanying the 
Uruguay Round Agreements Act, H.R. Doc. 103-316, vol. 1 (1994) (SAA) 
at 873.
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    This is the only rate determined in this review for an individually 
examined company, and, thus, it is applied to the 28 firms not selected 
for individual examination.

Preliminary Results of Review

    Commerce preliminarily determines that the following weighted-
average dumping margins exist for the period March 1, 2020, through 
February 28, 2021:

------------------------------------------------------------------------
                                                        Weighted-average
                  Producer/exporter                      dumping margin
                                                           (percent)
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Saha Thai Steel Pipe Public Company, Ltd. (also known               0.00
 as Saha Thai Steel Pipe (Public) Company, Ltd.).....
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   Review-Specific Average Rate Applicable to the Following Companies
------------------------------------------------------------------------
Other Respondents \10\...............................               0.00
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Disclosure

    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 in accordance with 19 CFR 
351.224(b).

Public Comment
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    \10\ See Appendix II for a full list of these companies.
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    Pursuant to 19 CFR 351.309(c), interested parties may submit case 
briefs not 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 seven days after the date for filing case 
briefs.\11\ Note that Commerce has temporarily modified certain of its 
requirements for serving documents containing business proprietary 
information until further notice.\12\ Parties who submit case briefs or 
rebuttal briefs in this proceeding 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.\13\ Executive summaries 
should be limited to five pages total, including footnotes. Case and 
rebuttal briefs should be filed using ACCESS \14\ and must be served on 
interested parties.\15\ An electronically filed document must be 
received successfully in its entirety by ACCESS by 5:00 p.m. Eastern 
Time on the date that the document is due.
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    \11\ See 19 CFR 351.309(d).
    \12\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020).
    \13\ See 19 CFR 351.309(c)(2) and (d)(2).
    \14\ See generally 19 CFR 351.303.
    \15\ See 19 CFR 351.303(f).
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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, within 30 days after the date of publication of this notice. 
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. If a request for a hearing is made, Commerce intends to hold 
the hearing at a time and date to be determined. Parties should confirm 
the date and time of the hearing two days before the scheduled date. 
Issues raised in the hearing will be limited to those raised in the 
briefs.
    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, unless extended, pursuant to section 
751(a)(3)(A) of the Act.

Assessment Rates

    Upon issuing the final results, Commerce shall determine and CBP 
shall assess antidumping duties on all appropriate entries covered by 
this review. If an examined respondent's weighted-average dumping 
margin is above de minimis 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 an importer's 
examined sales and the total entered value of such sales in accordance 
with 19 CFR 351.212(b)(1). Where either the respondent's weighted-
average dumping margin is zero or de minimis within the meaning of 19 
CFR 351.106(c), 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 in accordance with 19 CFR 
351.106(c)(2).
    For entries of subject merchandise during the POR produced by Saha 
Thai for which they did not know that the merchandise was destined to 
the United States and for all entries attributed to K-Line for which we 
found no shipments during the POR, we will instruct CBP to liquidate 
those entries at the all-others rate if there is no rate for the 
intermediate company(ies) involved in the transaction.\16\ For the 
companies that were not selected for individual review, we intend to 
assign an assessment rate based on the methodology described in the 
``Rates for Non-Examined Companies'' section. 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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    \16\ See 19 CFR 351.310(c).
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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 upon 
publication in the Federal Register of the notice of final results of 
administrative review for all shipments of subject merchandise 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 the companies under review will be equal to the 
weighted-average dumping margin established in the final results of 
this review (except,

[[Page 19858]]

if that rate is de minimis, then the cash deposit rate will be zero); 
(2) for previously reviewed or investigated companies not listed above 
in the preliminary results of this review, including those for which 
Commerce may determine had no shipments during the POR, 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 manufacturer is, then the cash 
deposit rate will be the rate established for the most recently 
completed segment of this proceeding for the manufacturer of the 
merchandise; and (4) if neither the exporter nor the manufacturer 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 
15.67 percent, established in the less-than-fair-value 
investigation.\17\ These deposit requirements, when imposed, shall 
remain in effect until further notice.
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    \17\ See Order.
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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: March 31, 2022.
Lisa W. Wang,
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. Particular Market Situation
V. Product Comparisons
VI. Discussion of Methodology
VII. Recommendation

Appendix II

List of Companies Not Individually Examined

1. Apex International Logistics
2. Aquatec Maxcon Asia
3. Asian Unity Part Co., Ltd.
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. Oil Steel Tube (Thailand) Co., Ltd.
14. Otto Ender Steel Structure Co., Ltd.
15. Pacific Pipe and Pump
16. Pacific Pipe Public Company Limited
17. Panalpina World Transport Ltd.
18. Polypipe Engineering Co., Ltd.
19. Schlumberger Overseas S.A.
20. Siam Fittings Co., Ltd.
21. Siam Steel Pipe Co., Ltd.
22. Sino Connections Logistics (Thailand) Co., Ltd.
23. Thai Malleable Iron and Steel
24. Thai Oil Group
25. Thai Oil Pipe Co., Ltd.
26. Thai Premium Pipe Co., Ltd.
27. Vatana Phaisal Engineering Company
28. Visavakit Patana Corp., Ltd.

[FR Doc. 2022-07215 Filed 4-5-22; 8:45 am]
BILLING CODE 3510-DS-P