Steel Propane Cylinders From Thailand: Final Results of Antidumping Duty Administrative Review; 2018-2020
| Published date | 07 March 2022 |
| Record Number | 2022-04756 |
| Section | Notices |
| Court | International Trade Administration |
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
