[Federal Register: January 28, 2010 (Volume 75, Number 18)]
[Notices]
[Page 4529-4531]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28ja10-29]
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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 New Shipper Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On August 31, 2009, the Department of Commerce (the
Department) published the preliminary results of a semiannual new
shipper review under the antidumping duty order on circular welded
carbon steel pipes and tubes (pipes and tubes) from Thailand. See
Circular Welded Carbon Steel Pipes and Tubes from Thailand: Preliminary
Results of Antidumping Duty New Shipper Review, 74 FR 44825 (August 31,
2009) (Preliminary Results). This new shipper review covers one
producer/exporter of the subject merchandise to the United States,
Pacific Pipe Public Company Limited (Pacific Pipe). The period of
review (POR) is March 1, 2008 through September 30, 2008. Subsequent to
the Preliminary Results, we conducted verification and provided parties
with an opportunity to comment. We received timely case and rebuttal
briefs, and have made changes to our calculation as a result of
verification and based on our analysis of the comments. Therefore, the
final results differ from those published in the Department's
Preliminary Results. The final weighted-average dumping margin for the
reviewed firm is listed below in the section entitled ``Final Results
of the Review.''
DATES: Effective Date: January 28, 2010.
FOR FURTHER INFORMATION CONTACT: Myrna Lobo, AD/CVD Operations, Office
6, Import Administration, International Trade Administration, U.S.
Department of Commerce, 14th Street and Constitution Avenue, NW.,
Washington, DC 20230; telephone: (202) 482-2371.
SUPPLEMENTARY INFORMATION:
Background
On August 31, 2009, the Department published the preliminary
results of a semiannual new shipper review under the antidumping duty
order covering pipes and tubes from Thailand. See Preliminary Results.
The domestic interested parties for this proceeding are Allied Tube &
Conduit Corporation and Wheatland Tube Company (petitioners).
On September 17, 2009, the Department issued a third supplemental
questionnaire to Pacific Pipe in order to evaluate further the bona
fide nature of Pacific Pipe's U.S. sale and to seek clarification on
sales information previously submitted. Pacific Pipe timely responded
on September 29, 2009. The Department conducted a verification of
Pacific Pipe in Bangkok, Thailand in October 2009 and issued a
verification report. See Memorandum to File from Myrna Lobo,
International Trade Compliance Analyst, Office 6, Verification of the
Sales Response of Pacific Pipe Public Company, Limited in the
Antidumping New Shipper Review of Circular Welded Carbon Steel Pipes
and Tubes from Thailand, dated November 5, 2009 (Verification Report).
We invited parties to comment on the Preliminary Results and
Verification Report. We received a timely filed case brief from Pacific
Pipe and a timely filed rebuttal brief from petitioners. The Department
did not receive a request for a hearing.
On November 19, 2009, the Department published a notice
[[Page 4530]]
extending the deadline for the final results to January 21, 2009. See
Circular Welded Carbon Steel Pipes and Tubes from Thailand: Extension
of Time Limit for Final Results of Antidumping Duty New Shipper Review,
74 FR 59961 (November 19, 2009).
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.
Bona Fides Analysis of U.S. Sale
In the Preliminary Results, we determined that Pacific Pipe's U.S.
sale was a bona fide transaction. See Memorandum to Dana Mermelstein,
Program Manager, from Myrna Lobo, Case Analyst, regarding Bona Fide
Nature of the Sale in the Antidumping Duty New Shipper Review of
Circular Welded Carbon Steel Pipes and Tubes from Thailand: Pacific
Pipe Public Company, Limited, dated August 24, 2009 (Bona Fides
Preliminary Memorandum). The Department also stated it would continue
to examine, through the remainder of the review, all factors relating
to the bona fides of the sale. We have further examined the bona fides
of Pacific Pipe's U.S. sale, and for these final results we continue to
find the sale to be a bona fide transaction. For further details, see
Memorandum to Dana Mermelstein, Program Manager, from Myrna Lobo, Case
Analyst, Bona Fide Analysis of Pacific Pipe's U.S. Sale for the Final
Results of Antidumping Duty New Shipper Review of Circular Welded
Carbon Steel Pipes and Tubes from Thailand: Pacific Pipe Public
Company, Limited, dated concurrently with this notice (Bona Fides Final
Memorandum).
Verification
As provided in 19 CFR 351.307(b)(1)(iv), the Department conducted
verification of Pacific Pipe's questionnaire responses at the company's
offices in Bangkok, Thailand from October 5 through 8, 2009. Our
verification results are detailed in the Verification Report.
Analysis of Comments Received
All issues raised in Pacific Pipe's case brief and petitioners'
rebuttal brief are addressed in the Memorandum to Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration, from John M.
Andersen, Acting Deputy Assistant Secretary for Antidumping and
Countervailing Duty Operations, Antidumping Duty New Shipper Review of
Circular Welded Carbon Steel Pipes and Tubes from Thailand--Pacific
Pipe Public Company, Limited: Issues and Decision Memorandum for the
Final Results, dated concurrently with this notice (Issues and Decision
Memorandum), which is hereby adopted by this notice. A list of the
issues raised, all of which are addressed in the Issues and Decision
Memorandum, is appended to this notice. Parties can find a complete
discussion of all issues raised in the case and rebuttal briefs and the
corresponding recommendations in this public memorandum, which is on
file in the Central Records Unit (CRU), room 1117 of the main
Department of Commerce building. In addition, a complete version of the
Issues and Decision Memorandum can be accessed directly on the Web at
http://www.trade.gov/ia/. The paper copy and electronic version of the
Issues and Decision Memorandum are identical in content.
Changes Since the Preliminary Results
Based on the results of verification and our analysis of the
comments received from the interested parties, we have made changes
where appropriate, to the margin calculation for Pacific Pipe.
Specifically, we have excluded certain sales from the margin
calculation which we consider to be scrap sales; we have included
expenses incurred on U.S. packing and other U.S. direct selling
expenses (such as certain bank charges) identified at verification; and
finally, we have combined ASTM A53 Grade A and Grade B sales in the
home market, consistent with the product matching criteria. For a
complete discussion of the changes which the Department has made to the
margin calculation for Pacific Pipe, see Memorandum to Dana
Mermelstein, Program Manager, from Myrna Lobo, Case Analyst, Analysis
of Pacific Pipe Public Company, Limited, for the Final Results of the
Antidumping Duty New Shipper Review of Circular Welded Carbon Steel
Pipes and Tubes from Thailand for the period 03/01/2008 through 09/30/
2008, dated January 21, 2010 (Final Analysis Memorandum). A public
version of this memorandum is on file in the CRU.
Final Results of the Review
We determine the following percentage weighted-average margin
exists for the period March 1, 2008 through September 30, 2008:
------------------------------------------------------------------------
Margin
Manufacturer/exporter (percent)
------------------------------------------------------------------------
Pacific Pipe Public Co., Ltd.............................. 5.14
------------------------------------------------------------------------
Disclosure
We will disclose the calculations used in our analysis to parties
to these proceedings within five days of the date of publication of
this notice. See 19 CFR 351.224(b).
Assessment
The Department will determine, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries. In accordance with 751(a)(2) of the Tariff Act of 1930, as
amended (the Act), and 19 CFR 351.212(b)(1), the Department normally
calculates an assessment rate for each importer of the subject
merchandise covered by the review. Pacific Pipe reported the entered
value of its sale of subject merchandise to the United States during
the POR. Therefore, in accordance with 19 CFR 351.212(b)(1), we have
calculated importer-specific duty assessments rates by dividing the
dumping margin found on the subject merchandise examined by the entered
value of such merchandise for normal customs duty purposes. Where the
assessment rate is above de minimis, we will instruct CBP to assess
duties on all entries of subject merchandise by that importer. The
Department intends to issue assessment instructions directly to CBP 15
days after publication of these final results of review.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of this notice of final results of new shipper review for
all shipments of circular welded carbon steel pipes and tubes entered,
or withdrawn from warehouse, for consumption on or after the date of
publication, as provided by section 751(a)(2)(C) of the Act: (1) For
subject merchandise produced and exported by Pacific Pipe, the cash
deposit rate will be the rate established in the final results of this
new shipper review; (2) if the exporter is not a firm
[[Page 4531]]
covered in this review, a prior review, or the original less-than-fair
value investigation, but the manufacturer is, the cash-deposit rate
will be the rate established for the most recent period for the
manufacturer of the merchandise; and (3) the cash-deposit rate for all
other manufacturers or exporters will continue to be the all-others
rate of 15.67 percent, which is 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). These cash deposit
requirements shall remain in effect until further notice.
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 review period. Failure to comply
with this requirement could result in the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of doubled antidumping duties.
Notification Regarding Administrative Protective Orders
This notice also serves as a reminder to parties subject to
administrative protective orders (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305, which continues
to govern business proprietary information in this segment of the
proceeding. 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 terms of an APO
is a violation that is subject to sanction.
The final results of this new shipper review are issued and
published in accordance with sections 751(a)(2)(B) and 777(i) of the
Act and 19 CFR 351.214.
Dated: January 21, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
Appendix
Comments in the Issues and Decision Memorandum
Comment 1: Whether the Department Should Use Invoice Date as the
Date of Sale for the U.S. Sale in the Final Results.
Comment 2: Whether the Department Should Continue to Treat Home
Market Pre-Sale Freight and Warehousing Expenses as Movement
Expenses.
Comment 3: Whether Pacific Pipe Has Established that Transportation
Rates Paid to its Affiliated Carrier Are at Arm's Length.
[FR Doc. 2010-1783 Filed 1-27-10; 8:45 am]
BILLING CODE 3510-DS-P