[Federal Register Volume 73, Number 55 (Thursday, March 20, 2008)]
[Notices]
[Pages 14959-14960]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-5691]


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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: In response to a request by Isibars, Ltd. (Isibars), and 
pursuant to section 751(b) of the Tariff Act of 1930, as amended (the 
Act) and 19 CFR 351.216 and 351.221(c)(3), the Department is initiating 
a changed circumstances review of the antidumping duty order on forged 
stainless steel flanges from India. This review will determine whether 
India Steel Works, Ltd. (India Steel) is the successor-in-interest to 
Isibars.

EFFECTIVE DATE: March 20, 2008.

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. See Amended Final Determination and Antidumping 
Duty Order; Certain Forged Stainless Steel Flanges From India, 59 FR 
5994, (February 9, 1994).
    Pursuant to a February 28, 2003, request from Isibars, the 
Department conducted an administrative review of the antidumping duty 
order on flanges from India. On March 5, 2004, the Department published 
the final results of the administrative review, determining that a 
dumping margin of zero percent existed for Isibars for the period 
February 1, 2002, through January 31, 2003. See Certain Forged 
Stainless Steel Flanges from India; Final Results of Antidumping Duty 
Administrative Review, 69 FR 10409 (March 5, 2004).
    On February 26, 2008, Isibars filed a request for a changed 
circumstances administrative review of the antidumping duty order on 
flanges from India, claiming that Isibars has changed its name to India 
Steel. Isibars requested that the Department determine whether India 
Steel is the successor-in-interest to Isibars, in accordance with 
section 751(b) of the Act, and 19 CFR 351.216 (2007). In addition, 
Isibars submitted documentation from the government of India related to 
its name change. In response to Isibars' 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 Changed Circumstances Review

    Pursuant to section 751(b)(1) of the 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 February 26, 2008, Isibars submitted its request for a 
changed circumstances review. With this request, Isibars submitted 
certain information related to its claim that Isibars changed its name 
to India Steel. Based on the information Isibars submitted regarding a 
name 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: 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

[[Page 14960]]

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 Antidumping Duty 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 
Isibars submitted documentation related to its name change, it failed 
to provide complete 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, the cash deposit requirements for the subject merchandise 
exported and manufactured by India Steel will continue to be the rate 
established in the final results of the last administrative review for 
all other manufacturers and exporters not previously reviewed. See 
Certain Forged Stainless Steel Flanges from India: Notice of Final 
Results and Partial Rescission of Antidumping Duty Administrative 
Review, 72 FR 45221 (August 13, 2007). 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 Act, 19 CFR 351.216(b) and (d), and 19 CFR 351.221(b)(1).

    Dated: March 14, 2008.
Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration.
[FR Doc. E8-5691 Filed 3-19-08; 8:45 am]
BILLING CODE 3510-DS-S