[Federal Register Volume 73, Number 200 (Wednesday, October 15, 2008)]
[Notices]
[Pages 61019-61020]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-24481]


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DEPARTMENT OF COMMERCE

International Trade Administration

(A-549-502)


Circular Welded Carbon Steel Pipes and Tubes from Thailand: Final 
Results of Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On April 7, 2008, the Department of Commerce (the Department) 
published the preliminary results of administrative review of the 
antidumping duty order on circular welded carbon steel pipes and tubes 
from Thailand. The review was requested by Allied Tube and Conduit 
Corporation and Wheatland Tube Company (collectively, petitioners), and 
covers one producer of the subject merchandise, Saha Thai Steel Pipe 
(Public) Company, Ltd. (Saha Thai). The period of review (POR) is March 
1, 2006 through February 28, 2007. Based on our analysis of the 
comments received, we have made changes to the preliminary results, 
which are discussed in the ``Changes Since the Preliminary Results'' 
section below. For the final dumping margins, see the ``Final Results 
of Review'' section below.

EFFECTIVE DATE: October 15, 2008.

FOR FURTHER INFORMATION CONTACT: Myrna Lobo or Jacqueline Arrowsmith, 
AD/CVD Operations, Office 6, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14\th\ Street & 
Constitution Avenue, N.W., Washington, DC 20230; telephone: (202) 482-
2371 or (202) 482-5255, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On April 7, 2008, the Department published in the Federal Register 
the preliminary results of the administrative review of the antidumping 
duty order on circular welded pipes and tubes from Thailand. See 
Circular Welded Carbon Steel Pipes and Tubes from Thailand: Preliminary 
Results of Antidumping Duty Administrative Review, 73 FR 18749 (April 
7, 2008) (Preliminary Results).
    In the Preliminary Results, the Department stated its intention to 
request additional information from Saha Thai on certain issues for 
which the record of this administrative review was not completely 
clear. On April 11, 2008, we issued a supplemental questionnaire to 
Saha Thai and its affiliated resellers. Saha Thai submitted its 
response on May 5, 2008.
    We invited parties to comment on the Preliminary Results. On April 
23, 2008, we revised the due dates for comments and informed parties of 
the same. On May 21 and May 28, 2008, we received timely case briefs 
and rebuttal briefs, respectively, from both petitioners and 
respondent.
    On July 22, 2008, the Department extended the final results from 
August 5, 2008 to October 6, 2008. See Circular Welded Carbon Steel 
Pipes and Tubes from Thailand: Extension of Time Limit for Final 
Results of Antidumping Duty Administrative Review, 73 FR 42548 (July 
22, 2008).

Period of Review

    The period of review (POR) is March 1, 2006 through February 28, 
2007.

Scope of the Order

    The products covered by this antidumping order are certain welded 
carbon steel pipes and tubes from Thailand. The subject merchandise has 
an outside diameter of 0.375 inches or more, but not exceeding 16 
inches. These products, which are commonly referred to in the industry 
as ``standard pipe'' or ``structural tubing,'' are hereinafter 
designated as ``pipes and tubes.'' The merchandise is classifiable 
under the Harmonized Tariff Schedule of the United States (HTSUS) item 
numbers 7306.30.1000, 7306.30.5025, 7306.30.5032, 7306.30.5040, 
7306.30.5055, 7306.30.5085, and 7306.30.5090. Although the HTSUS 
subheadings are provided for convenience and purposes of U.S. Customs 
and Border Protection (CBP), our written description of the scope of 
the order is dispositive.

Analysis of Comments Received

    The issues raised in the case and rebuttal briefs by parties to 
this administrative review are addressed in the Memorandum from Stephen 
J. Claeys, Deputy Assistant Secretary for Import Administration to 
David M. Spooner, Assistant Secretary for Import Administration: Issues 
and Decision Memorandum for the Final Results of the Administrative 
Review of the Antidumping Duty Order on Circular Welded Pipes and Tubes 
from Thailand (Decision Memorandum), dated concurrently with this 
notice and which is hereby adopted by this notice. A list of the issues 
addressed in the Decision Memorandum is appended to this notice. The 
Decision Memorandum is on file in the Central Records Unit, room 1117 
of the main Department of Commerce building (CRU), and can be accessed 
directly on the Web at http://ia.ita.doc.gov/frn. The paper copy and 
electronic version of the Decision Memorandum are identical in content.

Changes Since the Preliminary Results

    Based on our analysis of comments received and our consideration of 
information submitted by Saha Thai on May 5, 2008 in its supplemental 
questionnaire response, received subsequent to the issuance of the 
preliminary results, we have made adjustments to our margin 
calculations. We have granted Saha Thai a duty drawback adjustment 
under section 772(c)(1)(B) the Tariff Act of 1930, as amended (the 
Act), based on the exemption of import duties on raw materials used in 
the exported pipes and tube. However, we have adjusted the calculation 
of the yield factor used in calculating this duty drawback adjustment. 
We also added the value of these exempted import duties to the cost of 
manufacture. For these final results, we decided to use the U.S. 
customs duty as reported by Saha Thai. In addition,

[[Page 61020]]

we made certain modifications to the program to ensure proper product 
comparisons. These adjustments are discussed in detail in the Decision 
Memorandum.

Final Results of Review

    As a result of our review, we determine that the following 
weighted-average margin exists for the period of March 1, 2006 through 
February 28, 2007:

------------------------------------------------------------------------
                                                            Weighted-
                 Manufacturer/Exporter                    Average Margin
                                                            (percent)
------------------------------------------------------------------------
Saha Thai Steel Pipe (Public) Company, Ltd.............           4.26
------------------------------------------------------------------------

Assessment Rates

    The Department shall determine, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries. Pursuant to 19 CFR 351.212(b)(1) of the Department's 
regulations, the Department calculates an assessment rate for each 
importer of the subject merchandise. The Department intends to issue 
appropriate assessment instructions directly to CBP 15 days after the 
date of publication of these final results of review.
    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003 (68 FR 23954). This clarification will apply to entries of 
subject merchandise during the period of review produced by the company 
included in these final results of review for which the reviewed 
company did not know their merchandise was destined for the United 
States. In such instances, we will instruct CBP to liquidate unreviewed 
entries at the all-others rate from the investigation if there is no 
rate for the intermediate company involved in the transaction. For a 
full discussion of this clarification, see Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 
FR 23954 (May 6, 2003).

Cash Deposit Requirements

    The following deposit requirements will be effective upon 
publication of the final results of this administrative review for all 
shipments of subject merchandise entered, or withdrawn from warehouse, 
for consumption on or after the publication date of these final 
results, as provided by section 751(a)(2)(C) of the Act: (1) for the 
company covered by this review, the cash deposit rate will be the rate 
listed above; (2) for merchandise exported by producers or exporters 
not covered in this review but covered in a previous segment of this 
proceeding, the cash deposit rate will continue to be the company-
specific rate published in the most recent final results in which that 
producer or exporter participated; (3) if the exporter is not a firm 
covered in this review or in any previous segment of this proceeding, 
but the producer is, the cash deposit rate will be that established for 
the producer of the merchandise in these final results of review or in 
the most recent final results in which that producer participated; and, 
(4) if neither the exporter nor the producer is a firm covered in this 
review or in any previous segment of this proceeding, the cash deposit 
rate will be 15.67 percent, the all-others rate established in the less 
than fair value investigation. See Circular Welded Carbon Steel Pipes 
and Tubes from Thailand: Final Determination of Sales at Less Than Fair 
Value, 51 FR 3384 (January 27, 1986).

Notification to Importers

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f) of the Department's regulations 
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 the Secretary's 
presumption that reimbursement of antidumping duties occurred, and in 
the subsequent assessment of double antidumping duties.

Notification Regarding Administrative Protective Orders

    This notice is the only reminder to parties subject to the 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under the APO in accordance with 19 CFR 351.305(a)(3) of the 
Department's regulations. Timely written notification of the 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.
    We are issuing and publishing these final results and this notice 
in accordance with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: October 6, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.

Appendix I - Issues in Decision Memorandum

Comment 1: Whether Saha Thai Has Met Both Prongs of the Department's 
Duty Drawback Test
Comment 2: Whether Saha Thai Should Receive an Upward Adjustment for 
Duty Drawback/Exemption
Comment 3: Whether the Department Should Add a ``Third'' Prong to Its 
Eligibility Test
Comment 4: Whether the Department Should Use Saha Thai's Actual Yield 
Factors in Evaluating the Duty Exemption
Comment 5: Whether to Include Exempted and Unpaid Duties on Imported 
Raw Materials in Saha Thai's Reported Cost of Manufacture (COM)
Comment 6: Whether the Department Needs to Make Corresponding 
Adjustments to the G&A and Interest Ratio Calculations if Unpaid Import 
Duties Are Included in Saha Thai's COM
Comment 7: Whether to Deduct Ocean Freight from C&F Value to Calculate 
U.S. Duty
Comment 8: Level of Trade Adjustment
Comment 9: Whether Zeroing Is In Accordance with the Antidumping 
Statute or the International Obligations of the United States
Comment 10: Whether the Department Should Correct Alleged Errors in the 
Preliminary G&A and Financial Expense Ratio Calculations
Comment 11: Alleged Programming Errors
[FR Doc. E8-24481 Filed 10-14-08; 8:45 am]
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