Notice of Preliminary Results of Antidumping Duty Changed Circumstances Review; Certain Forged Stainless Steel Flanges From India, 12177-12178 [E6-3366]
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Federal Register / Vol. 71, No. 46 / Thursday, March 9, 2006 / Notices
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relevant order during the review period.
See 19 CFR 351.212(b).
Cash–Deposit Requirements
In order to derive a single weighted–
average margin for each respondent, we
weight–averaged the EP and CEP
weighted–average deposit rates (using
the EP and CEP, respectively, as the
weighting factors). To accomplish this
when we sampled CEP sales, we first
calculated the total dumping margins
for all CEP sales during the review
period by multiplying the sample CEP
margins by the ratio of total days in the
review period to days in the sample
weeks. We then calculated a total net
value for all CEP sales during the review
period by multiplying the sample CEP
total net value by the same ratio.
Finally, we divided the combined total
dumping margins for both EP and CEP
sales by the combined total value for
both EP and CEP sales to obtain the
deposit rate.
Furthermore, the following deposit
requirements will be effective upon
publication of the notice of final results
of administrative reviews for all
shipments of ball bearings and parts
thereof entered, or withdrawn from
warehouse, for consumption on or after
the date of publication, as provided by
section 751(a)(1) of the Act: (1) The
cash–deposit rates for the reviewed
companies will be the rates established
in the final results of reviews; (2) for
previously reviewed or investigated
companies not listed above, 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 these reviews, a
prior review, or the less–than-fair–value
investigations but the manufacturer is,
the cash–deposit rate will be the rate
established for the most recent period
for the manufacturer of the
merchandise; (4) the cash–deposit rate
for all other manufacturers or exporters
will continue to be the ‘‘All Others’’ rate
for the relevant order made effective by
the final results of review published on
July 26, 1993. See Antifriction Bearings
(Other Than Tapered Roller Bearings)
and Parts Thereof From France, et al;
Final Results of Antidumping Duty
Administrative Reviews and Revocation
in Part of an Antidumping Duty Order,
58 FR 39729, 39730 (July 26, 1993). For
ball bearings from Italy, see Antifriction
Bearings (Other Than Tapered Roller
Bearings) and Parts Thereof From
France, et al; Final Results of
Antidumping Duty Administrative
Reviews, Partial Termination of
Administrative Reviews, and Revocation
in Part of Antidumping Duty Orders, 61
FR 66472, 66521 (December 17, 1996).
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13:58 Mar 08, 2006
Jkt 208001
These rates are the ‘‘All Others’’ rates
from the relevant less–than-fair–value
investigations. These deposit
requirements, when imposed, shall
remain in effect until publication of the
final results of the next administrative
reviews.
Notification to Importer
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f) 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
Department’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of doubled antidumping duties. These
preliminary results of administrative
reviews are issued and published in
accordance with sections 751(a)(1) and
777(i)(1) of the Act.
Dated: March 2, 2006.
David M. Spooner,
Assistant Secretary for Import
Administration.
[FR Doc. E6–3361 Filed 3–7–06; 8:45 am]
EFFECTIVE DATE:
12177
March 9, 2006.
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 or (202)
482–0649, respectively.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
Background
On November 14, 2005, Hilton Forge
requested that the Department conduct
a changed circumstances review of the
antidumping duty order on flanges from
India pursuant to section 751(b) of the
Tariff Act of 1930, as amended (the
Tariff Act), and 19 CFR 351.216. HMFL
claims to be the successor–in-interest to
Hilton Forge, and, as such, claims to be
entitled to receive the same
antidumping treatment as Hilton Forge.
On January 18, 2006, and February 3,
2006, at the request of the Department,
HMFL submitted additional information
and documentation pertaining to its
changed circumstances request.
Scope of the Order
The products covered by this order
BILLING CODE 3510–DS–S
are certain forged stainless steel flanges,
both finished and not finished,
generally manufactured to specification
DEPARTMENT OF COMMERCE
ASTM A–182, and made in alloys such
as 304, 304L, 316, and 316L. The scope
International Trade Administration
includes five general types of flanges.
They are weld–neck, used for butt–weld
A–533–809
line connection; threaded, used for
threaded line connections; slip–on and
Notice of Preliminary Results of
lap joint, used with stub–ends/butt–
Antidumping Duty Changed
Circumstances Review; Certain Forged weld line connections; socket weld,
used to fit pipe into a machined
Stainless Steel Flanges From India
recession; and blind, used to seal off a
AGENCY: Import Administration,
line. The sizes of the flanges within the
International Trade Administration,
scope range generally from one to six
Department of Commerce.
inches; however, all sizes of the above–
SUMMARY: On January 4, 2006, the
described merchandise are included in
Department of Commerce (the
the scope. Specifically excluded from
Department) published a notice of
the scope of this order are cast stainless
initiation of changed circumstances
steel flanges. Cast stainless steel flanges
review of the antidumping duty order
generally are manufactured to
on certain forged stainless steel flanges
specification ASTM A–351. The flanges
(flanges) from India to determine
subject to this order are currently
whether Hilton Metal Forging Ltd.
classifiable under subheadings
(HMFL) is the successor–in-interest
7307.21.1000 and 7307.21.5000 of the
company to Hilton Forge. See Notice of
Harmonized Tariff Schedule (HTS).
Initiation of Antidumping Duty Changed Although the HTS subheading is
Circumstances Review: Certain Forged
provided for convenience and customs
Stainless Steel Flanges from India, 71
purposes, the written description of the
FR 327 (January 4, 2006). We have
merchandise under review is
preliminarily determined that HMFL is
dispositive.
the successor–in-interest to Hilton Forge
Preliminary Results of Review
for purposes of determining
antidumping liability in this
In antidumping duty changed
proceeding. Interested parties are
circumstances reviews involving a
invited to comment on these
successor–in-interest determination, the
preliminary results.
Department typically examines several
PO 00000
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Fmt 4703
Sfmt 4703
E:\FR\FM\09MRN1.SGM
09MRN1
hsrobinson on PROD1PC70 with NOTICES
12178
Federal Register / Vol. 71, No. 46 / Thursday, March 9, 2006 / Notices
factors including, but not limited to,
changes in: (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 company if the resulting
operations are similar to 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).
In its November 14, 2005, submission
HMFL stated it is the successor
company to Hilton Forge, the latter
having converted itself from a
partnership firm into a company limited
by shares, and having changed its name
to HMFL. Further, HMFL stated there is
otherwise no difference between Hilton
Forge and HMFL. The Department now
has on the record various documents
that support this claim, including: (1) A
memorandum of association showing
that the changeover to a company
limited by shares and the name change
were approved in a stockholders
meeting of Hilton Forge on July 1, 2005;
(2) A stock certificate showing the new
name; (3) A list of partners and directors
before and after the name change,
showing that they are largely the same;
(4) Documentation showing that the
production facilities have been retitled
into the name HMFL; (5) A list of
suppliers and customers before and after
the name change showing they are
substantially the same; (6)
Documentation demonstrating that
HMFL maintains the same bank account
as did Hilton Forge; (7) A certificate of
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13:58 Mar 08, 2006
Jkt 208001
importer and exporter codes for Hilton
Forge and HMFL issued by the
government of India showing that the
codes are identical; (8) A certificate of
incorporation issued by the government
of India showing the new name.
In sum, HMFL has presented evidence
to establish a prima facie case of its
successorship status. Hilton Forge’s
name change to HMFL and its
conversion from a limited partnership
firm into a company limited by shares
have not changed the operations of the
company in a meaningful way. HMFL’s
management, production facilities,
supplier relationships, and customer
base are substantially unchanged from
those of Hilton Forge. Therefore, the
record evidence demonstrates that the
new entity essentially operates in the
same manner as the predecessor
company. Consequently, we
preliminarily determine that HMFL
should be given the same antidumping
duty treatment as Hilton Forge, i.e., a
0.89 percent antidumping duty cash
deposit rate.
The cash deposit determination from
this changed circumstances review will
apply to all entries of the subject
merchandise entered, or withdrawn
from warehouse, for consumption on or
after the date of publication of the final
results of this changed circumstances
review. See Granular
Polytetrafluoroethylene Resin from Italy;
Final Results of Antidumping Duty
Changed Circumstances Review, 68 FR
25327 (May 12, 2003). This deposit rate
shall remain in effect until publication
of the final results of the next
administrative review in which HMFL
is reviewed.
Public Comment
Interested parties may submit case
briefs or written comments no later than
30 days after the date of publication of
this notice. Rebuttal briefs and rebuttals
to written comments, limited to issues
raised in the case briefs and comments,
may be filed no later than five days after
the time limit for filing the case briefs.
See 19 CFR 351.309(d). Parties who
submit arguments in these proceedings
are requested to submit with their
arguments: (1) a statement of the issue;
(2) a brief summary of the argument;
and (3) a table of authorities. Further,
parties submitting written comments
should provide the Department an
additional copy of the public version of
any such comments on diskette. Any
interested party may request a hearing
within 30 days of publication of this
notice. See CFR 351.310(c). Any
hearing, if requested, will be held no
later than two days after the scheduled
due date for submission of rebuttal
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Frm 00018
Fmt 4703
Sfmt 4703
briefs, or the first business day
thereafter, unless the Department alters
the date per 19 CFR 351.310(d).
Consistent with section 351.216(e) of
the Department’s regulations, we will
issue the final results of this changed
circumstances review no later than 270
days after the date on which this review
was initiated.
The current requirements for cash
deposits of estimated antidumping
duties on all subject merchandise shall
remain in effect unless and until they
are modified pursuant to the final
results of changed circumstances
review.
We are issuing and publishing this
notice in accordance with sections
751(b) and 777(i)(1) of the Tariff Act,
and section 351.221(c)(3)(i) of the
Department’s regulations.
Dated: March 3, 2006.
David M. Spooner,
Assistant Secretary for Import
Administration.
[FR Doc. E6–3366 Filed 3–8–06; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
A–570–863
Honey from the People’s Republic of
China: Extension of Time Limit for
Preliminary Results of 2004/2005 New
Shipper Review
Import Administration,
International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: March 9, 2006.
FOR FURTHER INFORMATION CONTACT:
Kristina Boughton or Bobby Wong; AD/
CVD Operations, Office 9, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW., Washington, DC 20230;
telephone: (202) 482–8173 or (202) 482–
04709, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On December 10, 2001, the
Department of Commerce (‘‘the
Department’’) published in the Federal
Register an antidumping duty order
covering honey from the People’s
Republic of China (‘‘PRC’’). Notice of
Amended Final Determination of Sales
at Less Than Fair Value and
Antidumping Duty Order; Honey from
the People’s Republic of China, 66 FR
63670 (December 10, 2001). The
Department received timely requests
from Shanghai Taiside Trading Co., Ltd.
E:\FR\FM\09MRN1.SGM
09MRN1
Agencies
[Federal Register Volume 71, Number 46 (Thursday, March 9, 2006)]
[Notices]
[Pages 12177-12178]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-3366]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
A-533-809
Notice of Preliminary Results of Antidumping Duty Changed
Circumstances Review; Certain Forged Stainless Steel Flanges From India
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On January 4, 2006, the Department of Commerce (the
Department) published a notice of initiation of changed circumstances
review of the antidumping duty order on certain forged stainless steel
flanges (flanges) from India to determine whether Hilton Metal Forging
Ltd. (HMFL) is the successor-in-interest company to Hilton Forge. See
Notice of Initiation of Antidumping Duty Changed Circumstances Review:
Certain Forged Stainless Steel Flanges from India, 71 FR 327 (January
4, 2006). We have preliminarily determined that HMFL is the successor-
in-interest to Hilton Forge for purposes of determining antidumping
liability in this proceeding. Interested parties are invited to comment
on these preliminary results.
EFFECTIVE DATE: March 9, 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 or (202) 482-0649, respectively.
SUPPLEMENTARY INFORMATION:
Background
On November 14, 2005, Hilton Forge requested that the Department
conduct a changed circumstances review of the antidumping duty order on
flanges from India pursuant to section 751(b) of the Tariff Act of
1930, as amended (the Tariff Act), and 19 CFR 351.216. HMFL claims to
be the successor-in-interest to Hilton Forge, and, as such, claims to
be entitled to receive the same antidumping treatment as Hilton Forge.
On January 18, 2006, and February 3, 2006, at the request of the
Department, HMFL submitted additional information and documentation
pertaining to its changed circumstances request.
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
subheading is provided for convenience and customs purposes, the
written description of the merchandise under review is dispositive.
Preliminary Results of Review
In antidumping duty changed circumstances reviews involving a
successor-in-interest determination, the Department typically examines
several
[[Page 12178]]
factors including, but not limited to, changes in: (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 company if the resulting operations
are similar to 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).
In its November 14, 2005, submission HMFL stated it is the
successor company to Hilton Forge, the latter having converted itself
from a partnership firm into a company limited by shares, and having
changed its name to HMFL. Further, HMFL stated there is otherwise no
difference between Hilton Forge and HMFL. The Department now has on the
record various documents that support this claim, including: (1) A
memorandum of association showing that the changeover to a company
limited by shares and the name change were approved in a stockholders
meeting of Hilton Forge on July 1, 2005; (2) A stock certificate
showing the new name; (3) A list of partners and directors before and
after the name change, showing that they are largely the same; (4)
Documentation showing that the production facilities have been retitled
into the name HMFL; (5) A list of suppliers and customers before and
after the name change showing they are substantially the same; (6)
Documentation demonstrating that HMFL maintains the same bank account
as did Hilton Forge; (7) A certificate of importer and exporter codes
for Hilton Forge and HMFL issued by the government of India showing
that the codes are identical; (8) A certificate of incorporation issued
by the government of India showing the new name.
In sum, HMFL has presented evidence to establish a prima facie case
of its successorship status. Hilton Forge's name change to HMFL and its
conversion from a limited partnership firm into a company limited by
shares have not changed the operations of the company in a meaningful
way. HMFL's management, production facilities, supplier relationships,
and customer base are substantially unchanged from those of Hilton
Forge. Therefore, the record evidence demonstrates that the new entity
essentially operates in the same manner as the predecessor company.
Consequently, we preliminarily determine that HMFL should be given the
same antidumping duty treatment as Hilton Forge, i.e., a 0.89 percent
antidumping duty cash deposit rate.
The cash deposit determination from this changed circumstances
review will apply to all entries of the subject merchandise entered, or
withdrawn from warehouse, for consumption on or after the date of
publication of the final results of this changed circumstances review.
See Granular Polytetrafluoroethylene Resin from Italy; Final Results of
Antidumping Duty Changed Circumstances Review, 68 FR 25327 (May 12,
2003). This deposit rate shall remain in effect until publication of
the final results of the next administrative review in which HMFL is
reviewed.
Public Comment
Interested parties may submit case briefs or written comments no
later than 30 days after the date of publication of this notice.
Rebuttal briefs and rebuttals to written comments, limited to issues
raised in the case briefs and comments, may be filed no later than five
days after the time limit for filing the case briefs. See 19 CFR
351.309(d). Parties who submit arguments in these proceedings are
requested to submit with their arguments: (1) a statement of the issue;
(2) a brief summary of the argument; and (3) a table of authorities.
Further, parties submitting written comments should provide the
Department an additional copy of the public version of any such
comments on diskette. Any interested party may request a hearing within
30 days of publication of this notice. See CFR 351.310(c). Any hearing,
if requested, will be held no later than two days after the scheduled
due date for submission of rebuttal briefs, or the first business day
thereafter, unless the Department alters the date per 19 CFR
351.310(d).
Consistent with section 351.216(e) of the Department's regulations,
we will issue the final results of this changed circumstances review no
later than 270 days after the date on which this review was initiated.
The current requirements for cash deposits of estimated antidumping
duties on all subject merchandise shall remain in effect unless and
until they are modified pursuant to the final results of changed
circumstances review.
We are issuing and publishing this notice in accordance with
sections 751(b) and 777(i)(1) of the Tariff Act, and section
351.221(c)(3)(i) of the Department's regulations.
Dated: March 3, 2006.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E6-3366 Filed 3-8-06; 8:45 am]
BILLING CODE 3510-DS-S