[Federal Register Volume 71, Number 2 (Wednesday, January 4, 2006)]
[Notices]
[Pages 327-328]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-8274]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-809]


Notice of Initiation of Antidumping Duty Changed Circumstances 
Review: Certain Forged Stainless Steel Flanges from India

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) has received 
information sufficient to warrant initiation of a changed circumstances 
review of the antidumping duty order on certain forged stainless steel 
flanges (flanges) from India. See Amended Final Determination and 
Antidumping Duty Order; Certain Forged Stainless Steel Flanges From 
India, 59 FR 5994, (February 9, 1994). In response to a request by 
Hilton Forge, the Department is initiating this changed circumstances 
review to determine whether Hilton Metal Forgings, Ltd. is the 
successor-in-interest to Hilton Forge.

EFFECTIVE DATE: January 4, 2006.

FOR FURTHER INFORMATION CONTACT: Fred Baker or Robert James, AD/CVD 
Operations, Office 7, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
2924 and (202) 482-0649, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On February 9, 1994, the Department published in the Federal 
Register the antidumping duty order on certain forged stainless steel 
flanges from India (59 FR 5994).
    Pursuant to an August 31, 2004 request from Hilton Forge, the 
Department conducted a new shipper review of flanges from India. On 
October 28, 2005, the Department published the final results of the new 
shipper review, determining that a dumping margin existed for Hilton 
Forge for the period February 1 through July 31, 2004. See Certain 
Forged Stainless Steel Flanges from India; Final Results of New Shipper 
Review, 70 FR 62094 (October 28, 2005).
    On November 14, 2005, Hilton Forge filed a request for a changed 
circumstances administrative review of the antidumping duty order on 
flanges from India, claiming that Hilton Forge has changed its name to 
Hilton Metal Forging Ltd., and has converted itself from a limited 
partnership firm into a company limited by shares. Hilton Forge 
requested that the Department determine whether Hilton Metal Forgings, 
Ltd is the successor-in-interest to Hilton Forge, in accordance with 
section 751(b) of the Tariff Act of 1930, as amended (the Tariff Act), 
and 19 CFR 351.216 (2005). In response to this request, the Department 
is initiating a changed circumstances review of this order.

Scope of the Order

    The products covered by this order are certain forged stainless 
steel flanges, both finished and not finished, generally manufactured 
to specification ASTM A-182, and made in alloys such as 304, 304L, 316, 
and 316L. The scope includes five general types of flanges. They are 
weld-neck, used for butt-weld line connection; threaded, used for 
threaded line connections; slip-on and lap joint, used with stub-ends/
butt-weld line connections; socket weld, used to fit pipe into a 
machined recession; and blind, used to seal off a line. The sizes of 
the flanges within the scope range generally from one to six inches; 
however, all sizes of the above-described merchandise are included in 
the scope. Specifically excluded from the scope of this order are cast 
stainless steel flanges. Cast stainless steel flanges generally are 
manufactured to specification ASTM A-351. The flanges subject to this 
order are currently classifiable under subheadings 7307.21.1000 and 
7307.21.5000 of the Harmonized Tariff Schedule (HTS). Although the HTS 
subheadings are provided for convenience and customs purposes, the 
written description of the merchandise under review is dispositive of 
whether or not the merchandise is covered by the scope of the order.

Initiation of Antidumping Duty Changes Circumstances Review

    Pursuant to section 751(b)(1) of the Tariff Act, the Department 
will conduct a changed circumstances review upon receipt of a request 
from an interested party or receipt of information concerning an 
antidumping duty order which shows changed circumstances exist to 
warrant a review of the order. On October 28, 2005, the Department 
published the final results of a new shipper review of flanges from 
India, which covered Hilton Forge. The Department determined that a 
dumping margin existed for Hilton Forge for the period February 1, 2004 
through July 31, 2004. See 70 FR 60294. On November 14, 2005, Hilton 
Forge submitted its request for a changed circumstances review. With 
this request, Hilton Forge submitted certain information related to its 
claim that Hilton Forge changed its name to Hilton Metal Forging Ltd., 
and converted itself from a limited partnership company into a company 
limited by shares. Based on the information that Hilton Forge submitted 
regarding a name/status change, the Department has determined that 
changed circumstances sufficient to warrant a review exist. See 19 CFR 
351.216(d).
    In antidumping duty changed circumstances reviews involving a 
successor-in-interest determination, the Department typically examines 
several factors including, but not limited to, (1) management; (2) 
production facilities; (3) supplier relationships; and (4) customer 
base. See Brass Sheet and Strip from Canada: Notice of Final Results of 
Antidumping Administrative Review, 57 FR 20460, 20462 (May 13, 1992) 
and Certain Cut-to-Length Carbon Steel Plate from Romania: Initiation 
and Preliminary Results of Changed Circumstances Antidumping Duty 
Administrative Review, 70 FR 22847 (May 3, 2005) (Plate from Romania). 
While no single factor or combination of factors will necessarily be 
dispositive, the Department generally will consider the new company to 
be the successor to the predecessor if the resulting operations are 
essentially the same as those of the predecessor company. See, e.g., 
Industrial Phosphoric Acid from Israel: Final Results of Changed 
Circumstances Review, 59 FR 6944, 6945 (February 14, 1994), and Plate 
from Romania, 70 FR 22847. Thus, if the record evidence demonstrates 
that, with respect to the production and sale of the subject 
merchandise, the new company operates as the same business entity as 
the predecessor company, the Department may assign the new company the 
cash deposit rate of its predecessor. See, e.g., Fresh and Chilled 
Atlantic Salmon from Norway: Final Results of Changed Circumstances 
Antidumping Duty Administrative Review, 64 FR 9979, 9980 (March 1, 
1999). Although Hilton Forge submitted documentation related to its 
name change, it failed to provide complete

[[Page 328]]

supporting documentation for the four elements listed above. 
Accordingly, the Department has determined that it would be 
inappropriate to expedite this action by combining the preliminary 
results of review with this notice of initiation, as permitted under 19 
CFR 351.221(c)(3)(ii). Therefore, the Department is not issuing the 
preliminary results of its antidumping duty changed circumstances 
review at this time.
    The Department will issue questionnaires requesting factual 
information for the review, and will publish in the Federal Register a 
notice of preliminary results of antidumping duty changed circumstances 
review, in accordance with 19 CFR 351.221(b)(2) and (4), and 19 CFR 
351.221(c)(3)(i). The notice will set forth the factual and legal 
conclusions upon which our preliminary results are based and a 
description of any action proposed based on those results. Pursuant to 
19 CFR 351.221(b)(4)(ii), interested parties will have an opportunity 
to comment on the preliminary results of review. In accordance with 19 
CFR 351.216(e), the Department will issue the final results of its 
antidumping duty changed circumstances review not later than 270 days 
after the date on which the review is initiated.
    During the course of this antidumping duty changed circumstances 
review, we will not change the cash deposit requirements for the 
merchandise subject to review. The cash deposit will be altered, if 
warranted, pursuant only to the final results of this review.
    This notice of initiation is in accordance with section 751(b)(1) 
of the Tariff Act, 19 CFR 351.216(b) and (d), and 19 CFR 351.221(b)(1).

    Dated: December 28, 2005.
Stephen J. Claeys,
Acting Assistant Secretary for Import Administration.
[FR Doc. E5-8274 Filed 1-3-06; 8:45 am]
BILLING CODE 3510-DS-S