[Federal Register Volume 75, Number 228 (Monday, November 29, 2010)]
[Notices]
[Pages 73033-73034]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-29962]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-549-502]
Circular Welded Carbon Steel Pipes and Tubes from Thailand:
Amended Final Results of Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
DATES: Effective Date: November 29, 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: On October 13, 2010, the Department of
Commerce (the Department) completed the final results of administrative
review of the antidumping duty order on circular welded carbon steel
pipes and tubes (pipes and tubes) from Thailand, covering the period
March 1, 2008 through February 28, 2009. The final results were
subsequently released to all parties in the proceeding, and published
in the Federal Register on October 20, 2010. See Circular Welded Carbon
Steel Pipes and Tubes From Thailand: Final Results of Antidumping Duty
Administrative Review, 75 FR 64696 (October 20, 2010).
The Department disclosed the calculations in connection with the
final results as required under 19 CFR 351.224(b). On October 20, 2010,
pursuant to 19 CFR 351.224(c)(2), we received a timely filed allegation
from the respondent in this administrative review, Saha Thai Steel Pipe
(Public) Company, Limited (Saha Thai), that the Department made a
ministerial error with respect to the calculation of Saha Thai's
dumping margin. See Letter from Saha Thai to the Department of
Commerce, regarding ``Ministerial Error in Final Results,'' dated
October 20, 2010. For further details, see Memorandum from Myrna Lobo,
Case Analyst, and Heidi Schriefer, Senior Accountant, to Barbara E.
Tillman, Director, titled, ``Ministerial Error Allegation--Final
Results of the Antidumping Duty Administrative Review of Circular
Welded Carbon Steel Pipes and Tubes from Thailand: Saha Thai Steel Pipe
(Public) Company Ltd.,'' dated November 19, 2010 (Ministerial Error
Allegation Memorandum). We did not receive comments on this allegation
from any other interested parties.
A ministerial error, as defined at section 751(h) of the Tariff Act
of 1930, as amended (the Act), includes ``errors in addition,
subtraction, or other arithmetic function, clerical errors resulting
from inaccurate copying, duplication, or the like, and any other type
of unintentional error which the Department considers ministerial.''
See also 19 CFR 351.224(f). In its letter, Saha Thai alleges that the
Department made a ministerial error by using Saha Thai's 2008 selling
and administrative expenses to calculate Saha Thai's 2007 general and
administrative (G&A) expense ratio. As stated in the final cost
calculation memorandum accompanying the Final Results, we calculated
the fiscal year 2007 G&A expense rate to use in the calculation of cost
of production and constructed value for products with dates of sale
prior to the POR (i.e., the pre-POR quarters). See Memorandum from
Heidi K. Schriefer, Senior Accountant to Neal M. Halper, Director,
Office of Accounting ``Cost of Production and Constructed Value
Calculation Adjustments for the Final Results--Saha Thai Steel Pipe
(Public) Company, Ltd.
[[Page 73034]]
(``Saha Thai'')'' dated October 13, 2010. The Department agrees that
this constitutes a ministerial error within the meaning of section
751(h) of the Act and 19 CFR 351.224(f) because it inadvertently used
the 2008 figure instead of the 2007 figure to calculate the 2007 G&A
expense ratio. Therefore, the Department has corrected this expense
ratio and revised its margin calculations to reflect this correction.
See Ministerial Error Allegation Memorandum at 2.
In accordance with section 751(h) of the Act and 19 CFR 351.224(e),
we are amending the final results in this antidumping duty
administrative review of pipes and tubes from Thailand. As a result of
correcting the ministerial error, the amended final weighted-average
dumping margin is as follows:
------------------------------------------------------------------------
Amended final
Final results results weighted-
Manufacturer/exporter weighted-average average margin
margin percentage percentage
------------------------------------------------------------------------
Saha Thai Steel Pipe (Public) Co. 2.13 percent 1.76 percent
Ltd..............................
------------------------------------------------------------------------
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), 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 amended
final results of review.
The Department clarified its ``automatic assessment'' regulation on
May 6, 2003. This clarification will apply to entries of subject
merchandise during the period of review produced by the company
included in these amended 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 amended 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
amended 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 of Interested Parties
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 the antidumping duties occurred and the subsequent
assessment of double antidumping duties.
This notice also serves as a reminder to parties subject to
administrative protective order (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/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.
We are issuing and publishing these amended final results of review
and notice in accordance with sections 751(a), 751(h), and 777(i) of
the Act, and 19 CFR 351.224(e).
Dated: November 19, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2010-29962 Filed 11-26-10; 8:45 am]
BILLING CODE 3510-DS-P