Steel Propane Cylinders From Thailand: Final Results of Antidumping Duty Administrative Review; 2018-2020

CourtInternational Trade Administration
Published date07 March 2022
Record Number2022-04756
Federal Register, Volume 87 Issue 44 (Monday, March 7, 2022)
[Federal Register Volume 87, Number 44 (Monday, March 7, 2022)]
                [Notices]
                [Pages 12659-12660]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2022-04756]
                [[Page 12659]]
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                DEPARTMENT OF COMMERCE
                International Trade Administration
                [A-549-839]
                Steel Propane Cylinders From Thailand: Final Results of
                Antidumping Duty Administrative Review; 2018-2020
                AGENCY: Enforcement and Compliance, International Trade Administration,
                Department of Commerce.
                SUMMARY: The Department of Commerce (Commerce) determines that Sahamitr
                Pressure Container Plc. (also known as Sahamitr Pressure Container
                Public Company Limited) made sales of subject merchandise at less than
                normal value during the period of review (POR), December 27, 2018,
                through July 31, 2020.
                DATES: Applicable March 7, 2022.
                FOR FURTHER INFORMATION CONTACT: Jolanta Lawska, AD/CVD Operations,
                Office III, Enforcement and Compliance, International Trade
                Administration, U.S. Department of Commerce, 1401 Constitution Avenue
                NW, Washington, DC 20230; telephone: (202) 482-8362.
                SUPPLEMENTARY INFORMATION:
                Background
                 On September 2, 2021, Commerce published the Preliminary Results
                \1\ and invited interested parties to comment on the Preliminary
                Results. On December 14, 2021, Commerce extended the deadline for the
                final results to March 1, 2022.\2\ For a summary of events that
                occurred since the Preliminary Results, see the Issues and Decision
                Memorandum.\3\ Commerce conducted this review in accordance with
                section 751 of the Tariff Act of 1930, as amended (the Act).
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                 \1\ See Steel Propane Cylinders from Thailand: Preliminary
                Results of Antidumping Duty Administrative Review; 2018-2020, 86 FR
                49295 (September 2, 2021) (Preliminary Results), and accompanying
                Preliminary Decision Memorandum.
                 \2\ See Memorandum, ``Steel Propane Cylinders from Thailand:
                Extension of Time Limit for Final Results of Antidumping Duty
                administrative Review; 2018/2020,'' dated December 14, 2021.
                 \3\ See Memorandum, ``Issues and Decision Memorandum for the
                Final Results of the Antidumping Duty Administrative Review of Steel
                Propane Cylinders from Thailand; 2018-2020,'' dated concurrently
                with, and hereby adopted by, this notice (Issues and Decision
                Memorandum).
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                Scope of the Order \4\
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                 \4\ See Steel Propane Cylinders from the People's Republic of
                China and Thailand: Amended Final Determination of Sales at Less
                Than Fair Value and Antidumping Duty Orders, 84 FR 41703 (August 15,
                2019) (Order).
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                 The merchandise covered by the Order is steel propane cylinders
                from Thailand. For a complete description of the scope of the Order,
                see the Issues and Decision Memorandum.\5\
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                 \5\ See Issues and Decision Memorandum at ``Scope of the
                Order.''
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                Analysis of Comments Received
                 All issues raised in the case and rebuttal briefs are addressed in
                the Issues and Decision Memorandum. A list of the issues that parties
                raised and to which we responded in the Issues and Decision Memorandum
                is attached to this notice as an Appendix. The Issues and 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, a complete
                version of the Issues and Decision Memorandum can be accessed directly
                at https://access.trade.gov/public/FRNoticesListLayout.aspx.
                Final Results of the Review
                 Commerce determines that the following weighted-average dumping
                margin exists for the period December 27, 2018, through July 31, 2020:
                ------------------------------------------------------------------------
                 Weighted-
                 average
                 Exporter/producer dumping
                 margin
                 (percent)
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                Sahamitr Pressure Container Plc......................... 13.89
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                Disclosure
                 We intend to disclose the calculations performed to parties in this
                proceeding within five days after publication of these final results in
                the Federal Register, in accordance with section 751(a) of the Act and
                19 CFR 351.224(b).
                Assessment Rates
                 Pursuant to section 751(a)(2)(C) of the Act and 19 CFR
                351.212(b)(1), Commerce will determine, and U.S. Customs and Border
                Protection (CBP) shall assess, antidumping duties on all appropriate
                entries of subject merchandise in accordance with the final results of
                this review. We will calculate importer-specific assessment rates on
                the basis of the ratio of the total amount of dumping calculated for
                each importer's examined sales and the total entered value of the
                importer's sales in accordance with 19 CFR 351.212(b)(1).
                 Where the respondent's weighted-average dumping margin is either
                zero or de minimis within the meaning of 19 CFR 351.106(c)(1), 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.
                 Commerce's ``automatic assessment'' practice will apply to entries
                of subject merchandise during the POR produced by companies included in
                these final results of review for which the reviewed companies did not
                know that the merchandise they sold to the intermediary (e.g., a
                reseller, trading company, or exporter) 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.\6\
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                 \6\ See Antidumping and Countervailing Duty Proceedings:
                Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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                 Commerce intends 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 for estimated antidumping
                duties will be effective for all shipments of subject merchandise
                entered, or withdrawn from warehouse, for consumption on or after the
                publication date of the final results of this administrative review, as
                provided by section 751(a)(2)(C) of the Act: (1) The cash deposit rate
                for Sahamitr Pressure Container Plc. will be equal to its weighted-
                average dumping margin established in the final results of this
                administrative review (except if that rate is de minimis, in which
                situation the cash deposit rate will be zero); (2) for merchandise
                exported by a producer or exporter not covered in this review but
                covered in a prior completed segment of the proceeding, the cash
                deposit rate will continue to be the company-specific rate published
                for the most recent period; (3) if the exporter is not a firm covered
                in this review, a prior review, or the original investigation but the
                producer has been covered in a prior complete segment of this
                proceeding, the cash deposit rate will be the company-specific rate
                established for the most recent period for the producer of the
                merchandise; (4) the cash deposit rate for all other producers or
                exporters
                [[Page 12660]]
                will continue to be 10.77 percent,\7\ the all-others rate established
                in the less-than-fair-value investigation. These cash deposit
                requirements, when imposed, shall remain in effect until further
                notice.
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                 \7\ See Order, 84 FR at 41704.
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                Notification to Importers Regarding the Reimbursement of Duties
                 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 Commerce's presumption that
                reimbursement of antidumping duties occurred and the subsequent
                assessment of double antidumping duties.
                Notification Regarding Administrative Protective Order
                 This notice also serves as a reminder to parties subject to
                administrative protective order (APO) of their responsibility
                concerning the disposition of proprietary information disclosed under
                APO in accordance with 19 CFR 351.305(a)(3). 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.
                Notification to Interested Parties
                 We are issuing and publishing these final results of administrative
                review in accordance with sections 751(a)(1) and 777(i) of the Act, and
                19 CFR 351.221(b)(5).
                 Dated: March 1, 2022.
                Lisa W. Wang,
                Assistant Secretary for Enforcement and Compliance.
                Appendix--List of Topics Discussed in the Final Decision Memorandum
                I. Summary
                II. Background
                III. Scope of the Order
                IV. Changes Since the Preliminary Results
                V. Discussion of the Issues
                 Comment 1: Whether Commerce Should ``Cap'' Sahamitir Pressure
                Container Public Company Limited's (SMPC) Reported Freight Revenue
                at the Amount of Actual Freight Expenses SMPC Incurred
                 Comment 2: Whether Commerce Made a Ministerial Error Regarding
                Treatment of SMPC's Bank Charges
                 Comment 3: Whether Commerce Should Use SMPC's Month-Specific
                Certification Expenses in the Final Results
                 Comment 4: Whether Commerce Should Reverse the Adjustment Made
                to SMPC's Reported Scrap Offset in the Final Results
                VI. Recommendation
                [FR Doc. 2022-04756 Filed 3-4-22; 8:45 am]
                BILLING CODE 3510-DS-P
                

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