82 FR 16793 - Circular Welded Carbon Steel Pipes and Tubes From Thailand: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Finding of No Shipments; 2015-2016
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 82, Issue 65 (April 6, 2017)
International Trade Administration
Federal Register Volume 82, Issue 65 (April 6, 2017)
| Page Range | 16793-16795 | |
| FR Document | 2017-06849 |
[Federal Register Volume 82, Number 65 (Thursday, April 6, 2017)] [Notices] [Pages 16793-16795] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-06849] ----------------------------------------------------------------------- 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 Finding of No Shipments; 2015-2016 AGENCY: Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce. SUMMARY: The Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on circular welded carbon steel pipes and tubes (pipes and tubes) from Thailand, covering the period of review (POR) March 1, 2015, through February 29, 2016. This review covers two manufacturers/exporters of the subject merchandise, Saha Thai Steel Pipe (Public) Company, Ltd. (Saha Thai) and Pacific Pipe Public Company Limited (Pacific Pipe). The Department preliminarily determines that Saha Thai sold subject merchandise at less than normal value (NV) during the POR and that Pacific Pipe had no shipments during the POR. Interested parties are [[Page 16794]] invited to comment on these preliminary results. DATES: Effective April 6, 2017. FOR FURTHER INFORMATION CONTACT: Toni Page, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-1398. Scope of the Order The products covered by the antidumping order are certain circular 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. For a full description of the scope of this order, please see the accompanying Preliminary Decision Memorandum.\1\ --------------------------------------------------------------------------- \1\ See Memorandum to Ronald K. Lorentzen, Acting Assistant Secretary Enforcement and Compliance from Gary Taverman, Associate Deputy Assistant Secretary, ``Circular Welded Carbon Steel Pipes and Tubes from Thailand: Decision Memorandum for the Preliminary Results of Antidumping Duty Administrative Review; 2015-2016'' (dated concurrently with this Federal Register notice) (Preliminary Decision Memorandum). --------------------------------------------------------------------------- Methodology The Department is conducting this review in accordance with section 751(a)(2) of the Tariff Act of 1930, as amended (the Act). Export price is calculated in accordance with section 772 of the Act. NV 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, which is hereby adopted by this notice. A list of the topics discussed in the Preliminary Decision Memorandum is attached as an 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 http://access.trade.gov, and is available to all parties in the Central Records Unit, Room B8024 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly on the internet at http://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum and the electronic versions of the Preliminary Decision Memorandum are identical in content. Preliminary Determination of No Shipments Pacific Pipe timely filed a ``no shipment'' certification stating that it had no entries of subject merchandise during the POR.\2\ Consistent with its practice, the Department asked CBP to conduct a query of potential shipments made by Pacific Pipe. Based on the certification of Pacific Pipe and the fact that CBP has not provided any contradictory information, we preliminarily determine that Pacific Pipe had no shipments during the POR. However, the Department finds that it is not appropriate to rescind the review with respect to Pacific Pipe, but rather to complete the review with respect to Pacific Pipe and issue appropriate instructions to CBP based on the final results of this review.\3\ --------------------------------------------------------------------------- \2\ For a full explanation of the Department's analysis, see the Preliminary Decision Memorandum. \3\ See, e.g., Magnesium Metal from the Russian Federation: Preliminary Results of Antidumping Duty Administrative Review, 75 FR 26922, 26923 (May 13, 2010), unchanged in Magnesium Metal from the Russian Federation: Final Results of Antidumping Duty Administrative Review, 75 FR 56989 (September 17, 2010); see also ``Assessment Rates'' section below. --------------------------------------------------------------------------- Preliminary Results of Review The Department preliminarily determines that the following weighted-average dumping margin exists for the period March 1, 2015, through February 29, 2016: ------------------------------------------------------------------------ Weighted- average Producer/exporter dumping margin (percent) ------------------------------------------------------------------------ Saha Thai Steel Pipe (Public) Company, Ltd.................. 1.50 Pacific Pipe Company Limited................................ (*) ------------------------------------------------------------------------ * No shipments or sales subject to this review. The company has an individual rate from a prior segment of the proceeding in which the firm had shipments or sales. Disclosure, Public Comment and Opportunity To Request a Hearing The Department intends to disclose the calculations used in our analysis to parties in this review within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b). Interested parties may submit written comments (case briefs) no later than 30 days after the date of publication of these preliminary results of review, pursuant to 19 CFR 351.309(c)(ii) and rebuttal comments (rebuttal briefs) within five days after the time limit for filing case briefs, pursuant to 19 CFR 351.309(d)(1). Pursuant to 19 CFR 351.309(d)(2), rebuttal briefs must be limited to issues raised in the case briefs. Parties who submit arguments are requested to submit with the argument: (1) A statement of the issue; (2) a brief summary of the argument; and, (3) a table of authorities. See 19 CFR 351.303 (for general filing requirements). All electronically filed documents must be received successfully in its entirety by the Department's electronic records system, ACCESS. Pursuant to 19 CFR 351.310, any interested party may request a hearing within 30 days of publication of this notice. Hearing requests should contain the following information: (1) The party's name, address, and telephone number; (2) the number of participants; and (3) a list of the issues to be discussed. Oral presentations will be limited to issues raised in the case and rebuttal briefs. If a party requests a hearing, the Department will inform parties of the scheduled date for the hearing which will be held at the U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230, at a time and location to be determined. Parties should confirm by telephone the date, time, and location of the hearing. The Department intends to issue the final results of this 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, pursuant to section 751(a)(3)(A) of the Act. Assessment Rates Upon completion of this administrative review, the Department shall determine and U.S. Customs and Border Protection (CBP) shall assess antidumping duties on all appropriate entries. If a respondent's weighted-average dumping margin is not zero or de minimis (i.e., less than 0.5 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 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 rate is zero or de minimis, we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties. The Department clarified its ``automatic assessment'' regulation on May 6, 2003.\4\ This clarification applies [[Page 16795]] to entries of subject merchandise during the POR produced by a respondent for which it did not know its merchandise 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. --------------------------------------------------------------------------- \4\ For a full discussion of this clarification, see Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003) (Assessment Policy Notice). --------------------------------------------------------------------------- We intend to issue instructions to CBP 15 days after publication of the final results of this review. Cash Deposit Requirements The following cash deposit requirements will be effective for all shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after 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 the companies under review will be equal to the weighted-average dumping margin established in the final results of this review (except, 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 Review, including those for which the Department 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.\5\ These deposit requirements, when imposed, shall remain in effect until further notice. --------------------------------------------------------------------------- \5\ See Antidumping Duty Order: Circular Welded Carbon Steel Pipes and Tubes from Thailand, 51 FR 8341 (March 11, 1986). --------------------------------------------------------------------------- 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 the Department's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. 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, 2017. Ronald K. Lorentzen, Acting 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 IV. Preliminary Finding of No Shipments V. Comparison to Normal Value VI. Product Comparisons VII. Discussion of Methodology A. Determination of Comparison Method B. Results of the Differential Pricing Analysis C. Date of Sale D. Export Price E. Normal Value F. Currency Conversion VIII. Recommendation [FR Doc. 2017-06849 Filed 4-5-17; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 82, No. 65 / Thursday, April 6, 2017 / Notices 16793
exported by Euro SME and imported party’s name, address, and telephone will be the rate established for the most
into the United States during the POR.5 number; (2) the number of participants; recent period for the manufacturer of
This query returned no entries during and (3) a list of issues to be discussed. the merchandise; and (4) the cash
the POR.6 Further, the Department Issues raised in the hearing will be deposit rate for all other manufacturers
transmitted a ‘‘no-shipments’’ inquiry to limited to issues raised in the briefs. If or exporters is 2.40 percent. These
CBP requesting that it provide any a request for a hearing is made, parties deposit requirements, when imposed,
information to the contrary, should such will be notified of the time and date for shall remain in effect until further
information exist.7 On November 7, the hearing to be held at the U.S. notice.
2016, the Department was notified by Department of Commerce, 1401
CBP that there were no shipments of Constitution Avenue NW., Washington, Notification to Importers
PRCBs from Malaysia during the POR.8 DC 20230.14 This notice also serves as a
Consistent with our practice, we The Department intends to issue the preliminary reminder to importers of
preliminarily determine that Euro SME final results of this administrative their responsibility under 19 CFR
had no shipments and, therefore, no review, including the results of its 351.402(f)(2) to file a certificate
reviewable entries during the POR. In analysis of the issues raised in any regarding the reimbursement of
addition, we find it is not appropriate to written briefs, no later than 120 days antidumping duties prior to liquidation
rescind the review with respect to Euro after the date of publication of this of the relevant entries during this
SME but, rather, to complete the review notice, pursuant to section 751(a)(3)(A) period. Failure to comply with this
and issue appropriate instructions to of the Act and 19 CFR 351.213(h), requirement may result in the
CBP based on the final results of the unless this deadline is extended. Secretary’s presumption that
review, consistent with our practice.9 Assessment Rates reimbursement of antidumping duties
Public Comment occurred and the subsequent assessment
Upon issuance of the final results, the of double antidumping duties.
Interested parties may submit case Department will determine, and CBP We are issuing and publishing these
briefs to the Department no later than 30 shall assess, antidumping duties on all results in accordance with sections
days after the date of publication of this appropriate entries covered by this 751(a)(1) and 777(i)(1) of the Act, and 19
notice. Rebuttal briefs, limited to issues review.15 In accordance with the CFR 351.213(h) and 351.221(b)(4).
raised in the case briefs, may be filed no Department’s practice, for entries of
later than five days after the time limit subject merchandise during the POR for Dated: March 30, 2017.
for filing case briefs.10 Parties who which Euro SME did not know that the Ronald K. Lorentzen,
submit case briefs or rebuttal briefs in merchandise was destined for the Acting Assistant Secretary For Enforcement
this proceeding are encouraged to United States, we will instruct CBP to and Compliance.
submit with each argument: (1) A liquidate such entries at the all-others [FR Doc. 2017–06822 Filed 4–5–17; 8:45 am]
statement of the issue; (2) a brief rate if there is no rate for the BILLING CODE 3510–DS–P
summary of the argument; and (3) a intermediate company(ies) involved in
table of authorities.11 Case and rebuttal the transaction.16 We intend to issue
briefs should be filed using ACCESS.12 assessment instructions to CBP 15 days DEPARTMENT OF COMMERCE
Pursuant to 19 CFR 351.310(c), after the publication date of the final
interested parties who wish to request a results of this review. International Trade Administration
hearing must submit a written request to [A–549–502]
Cash Deposit Requirements
the Assistant Secretary for Enforcement
and Compliance, filed electronically via The following cash deposit Circular Welded Carbon Steel Pipes
ACCESS. An electronically-filed requirements will be effective upon and Tubes From Thailand: Preliminary
document must be received successfully publication of the final results of this Results of Antidumping Duty
in its entirety by ACCESS by 5 p.m. administrative review for all shipments Administrative Review and Preliminary
Eastern Time within 30 days after the of the subject merchandise entered, or Finding of No Shipments; 2015–2016
date of publication of this notice.13 withdrawn from warehouse, for
Hearing requests should contain: (1) The consumption on or after the publication AGENCY: Enforcement and Compliance,
date of the final results of review, as International Trade Administration,
5 See Memorandum to the File, ‘‘U.S. Customs provided for by section 751(a)(2)(C) of U.S. Department of Commerce.
and Border Protection—No Shipment Inquiry the Act: (1) For Euro SME, which SUMMARY: The Department of Commerce
Data,’’ dated October 19, 2016. claimed no shipments, the cash deposit
6 Id.
(the Department) is conducting an
7 See CBP message 6295302, dated October 21,
rate will remain unchanged from the administrative review of the
2016. rate assigned to Euro SME in the most antidumping duty order on circular
8 See Memorandum to the File ‘‘U.S. Customs and recently completed review of the welded carbon steel pipes and tubes
Border Protection—No Shipment Inquiry Data,’’ company; (2) for previously investigated (pipes and tubes) from Thailand,
dated November 7, 2016. or reviewed companies not listed above,
9 See e.g., Certain Frozen Warmwater Shrimp
covering the period of review (POR)
the cash deposit rate will continue to be March 1, 2015, through February 29,
from Thailand; Preliminary Results of Antidumping
Duty Administrative Review, Partial Rescission of the company-specific rate published for 2016. This review covers two
Review, Preliminary Determination of No the most recent period; (3) if the manufacturers/exporters of the subject
Shipments; 2012–2013, 79 FR 15951, 15952 (March exporter is not a firm covered in this merchandise, Saha Thai Steel Pipe
24, 2014), unchanged in Certain Frozen Warmwater review, a prior review, or the less-than- (Public) Company, Ltd. (Saha Thai) and
mstockstill on DSK3G9T082PROD with NOTICES
Shrimp from Thailand: Final Results of
Antidumping Duty Administrative Review, Final fair-value investigation, but the Pacific Pipe Public Company Limited
Determination of No Shipments, and Partial manufacturer is, the cash deposit rate (Pacific Pipe). The Department
Rescission of Review; 2012–2013, 79 FR 51306
(August 28, 2014).
preliminarily determines that Saha Thai
14 Id.
10 See 19 CFR 351.309(d).
15 See
sold subject merchandise at less than
19 CFR 351.212(b).
11 See 19 CFR 351.309(c)(2) and (d)(2). 16 SeeAntidumping and Countervailing Duty
normal value (NV) during the POR and
12 See 19 CFR 351.303.
Proceedings: Assessment of Antidumping Duties, 68 that Pacific Pipe had no shipments
13 See 19 CFR 351.310(c). FR 23954 (May 6, 2003). during the POR. Interested parties are
VerDate Sep<11>2014 18:51 Apr 05, 2017 Jkt 241001 PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 E:\FR\FM\06APN1.SGM 06APN1](https://thefederalregister.org/doc/82_FR_16858/page/1.svg)
![Federal Register / Vol. 82, No. 65 / Thursday, April 6, 2017 / Notices 16795
to entries of subject merchandise during this requirement could result in the Docket Number: 16–016. Applicant:
the POR produced by a respondent for Department’s presumption that State University of New York at Stony
which it did not know its merchandise reimbursement of antidumping duties Brook, Stony Brook, NY 117964–6000.
was destined for the United States. In occurred and the subsequent assessment Instrument: Cryo-Electron Microscope.
such instances, we will instruct CBP to of double antidumping duties. Manufacturer: FEI Company, the
liquidate unreviewed entries at the all- We are issuing and publishing these Netherlands. Intended Use: See notice at
others rate if there is no rate for the preliminary results in accordance with 81 FR 71703, October 18, 2016.
intermediate company(ies) involved in sections 751(a)(1) and 777(i) of the Act, Docket Number: 16–019. Applicant:
the transaction. and 19 CFR 351.213(h) and University of Nebraska-Lincoln,
We intend to issue instructions to 351.221(b)(4). Lincoln, NE 68588. Instrument: Electron
CBP 15 days after publication of the Dated: March 31, 2017. Microscope. Manufacturer: Elmitec,
final results of this review. Germany. Intended Use: See notice at 81
Ronald K. Lorentzen,
Cash Deposit Requirements FR 89434, December 12, 2016.
Acting Assistant Secretary for Enforcement Comments: None received. Decision:
The following cash deposit and Compliance.
Approved. No instrument of equivalent
requirements will be effective for all Appendix scientific value to the foreign
shipments of subject merchandise instrument, for such purposes as this
entered, or withdrawn from warehouse, List of Topics Discussed in the Preliminary
Decision Memorandum instrument is intended to be used, is
for consumption on or after the date of being manufactured in the United States
publication of the final results of this I. Summary
at the time the instrument was ordered.
administrative review, as provided for II. Background
III. Scope of the Order Reasons: Each foreign instrument is an
by section 751(a)(2)(C) of the Act: (1) electron microscope and is intended for
IV. Preliminary Finding of No Shipments
The cash deposit rate for the companies V. Comparison to Normal Value research or scientific educational uses
under review will be equal to the VI. Product Comparisons requiring an electron microscope. We
weighted-average dumping margin VII. Discussion of Methodology know of no electron microscope, or any
established in the final results of this A. Determination of Comparison Method other instrument suited to these
review (except, if that rate is de B. Results of the Differential Pricing purposes, which was being
minimis, then the cash deposit rate will Analysis manufactured in the United States at the
be zero); (2) for previously reviewed or C. Date of Sale
time of order of each instrument.
investigated companies not listed above D. Export Price
in the Preliminary Results of Review, E. Normal Value Dated: March 31, 2017.
including those for which the F. Currency Conversion Gregory W. Campbell,
VIII. Recommendation Director, Subsidies Enforcement Office,
Department may determine had no
shipments during the POR, the cash [FR Doc. 2017–06849 Filed 4–5–17; 8:45 am] Enforcement and Compliance.
deposit rate will continue to be the BILLING CODE 3510–DS–P [FR Doc. 2017–06823 Filed 4–5–17; 8:45 am]
company-specific rate published for the BILLING CODE 3510–DS–P
most recently completed segment of this
proceeding; (3) if the exporter is not a DEPARTMENT OF COMMERCE
firm covered in this review or another DEPARTMENT OF COMMERCE
International Trade Administration
completed segment of this proceeding,
International Trade Administration
but the manufacturer is, then the cash Rutgers University, et al.; Notice of
deposit rate will be the rate established Consolidated Decision on Applications [A–533–808]
for the most recently completed segment for Duty-Free Entry of Electron
of this proceeding for the manufacturer Certain Stainless Steel Wire Rods
Microscope From India: Final Results of the
of the merchandise; and (4) if neither
the exporter nor the manufacturer is a This is a decision consolidated Expedited Fourth Sunset Review of the
firm covered in this or any previously pursuant to Section 6(c) of the Antidumping Duty Order
completed segment of this proceeding, Educational, Scientific, and Cultural AGENCY: Enforcement and Compliance,
then the cash deposit rate will be the Materials Importation Act of 1966 (Pub. International Trade Administration,
‘‘all-others’’ rate of 15.67 percent L. 89–651, as amended by Pub. L. 106– Department of Commerce.
established in the less-than-fair-value 36; 80 Stat. 897; 15 CFR part 301).
SUMMARY: As a result of this review, the
investigation.5 These deposit Related records can be viewed between
Department of Commerce (the
requirements, when imposed, shall 8:30 a.m. and 5:00 p.m. in Room 3720,
Department) finds that revocation of the
remain in effect until further notice. U.S. Department of Commerce, 14th and
antidumping duty (AD) order on certain
Constitution Avenue NW., Washington,
Notification to Importers stainless steel wire rods from India
DC.
This notice serves as a preliminary (wire rods) would likely lead to a
Docket Number: 16–005. Applicant:
reminder to importers of their continuation or recurrence of dumping
Rutgers University, Piscataway, NJ
responsibility under 19 CFR at the margins identified in the ‘‘Final
08854–8076. Instrument: Electron
351.402(f)(2) to file a certificate Results of Review’’ section of this
Microscope. Manufacturer: FEI
regarding the reimbursement of notice.
Company, the Netherlands. Intended
antidumping duties prior to liquidation Use: See notice at 81 FR 71702–03, DATES: Effective April 6, 2017.
mstockstill on DSK3G9T082PROD with NOTICES
of the relevant entries during this October 18, 2016. FOR FURTHER INFORMATION CONTACT:
review period. Failure to comply with Docket Number: 16–014. Applicant: Andre Gziryan or Minoo Hatten, AD/
Iowa State University, Ames, IA 50011– CVD Operations, Office I, Enforcement
Assessment of Antidumping Duties, 68 FR 23954 3616. Instrument: Electron Microscope. and Compliance, International Trade
(May 6, 2003) (Assessment Policy Notice).
5 See Antidumping Duty Order: Circular Welded Manufacturer: FEI Company, the Administration, U.S. Department of
Carbon Steel Pipes and Tubes from Thailand, 51 FR Netherlands. Intended Use: See notice at Commerce, 1401 Constitution Avenue
8341 (March 11, 1986). 81 FR 71703, October 18, 2016. NW., Washington, DC 20230; telephone:
VerDate Sep<11>2014 18:51 Apr 05, 2017 Jkt 241001 PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 E:\FR\FM\06APN1.SGM 06APN1](https://thefederalregister.org/doc/82_FR_16858/page/3.svg)
Document Created: 2017-04-06 01:46:56
Document Modified: 2017-04-06 01:46:56
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Effective April 6, 2017. | |
| Contact | Toni Page, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-1398. | |
| FR Citation | 82 FR 16793 |
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