Notice2022-12084
Finished Carbon Steel Flanges From India: Notice of Initiation and Preliminary Results of Changed Circumstances Review
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 6, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
In response to a request for a changed circumstances review (CCR), the U.S. Department of Commerce (Commerce) is initiating a CCR of the antidumping duty (AD) order on finished carbon steel flanges (flanges) from India. We preliminarily determine that BFN Forgings Private Limited (BFN) is the successor-in-interest to Bebitz Flanges Works Private Limited (Bebitz). Interested parties are invited to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 87 Issue 108 (Monday, June 6, 2022)</title>
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[Federal Register Volume 87, Number 108 (Monday, June 6, 2022)]
[Notices]
[Pages 34251-34253]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-12084]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-871]
Finished Carbon Steel Flanges From India: Notice of Initiation
and Preliminary Results of Changed Circumstances Review
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: In response to a request for a changed circumstances review
(CCR), the U.S. Department of Commerce (Commerce) is initiating a CCR
of the antidumping duty (AD) order on finished carbon steel flanges
(flanges) from India. We preliminarily determine that BFN Forgings
Private Limited (BFN) is the successor-in-interest to Bebitz Flanges
Works Private Limited (Bebitz). Interested parties are invited to
comment on these preliminary results.
DATES: Applicable June 6, 2022.
FOR FURTHER INFORMATION CONTACT: James R. Hepburn or Fred Baker, Office
VI, Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482-4885 and (202) 482-2924, respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 24, 2017, Commerce published the AD order on flanges from
India in the Federal Register.\1\ In the most recent administrative
review of the Order covering the period August 1, 2019, through July
31, 2020, Bebitz was assigned the cash deposit rate of 0.00 percent as
a company not selected for individual review.\2\
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\1\ See Finished Carbon Steel Flanges from India and Italy:
Antidumping Duty Orders, 82 FR 40136 (August 24, 2017) (Order).
\2\ See Finished Carbon Steel Flanges from India: Final Results
of Antidumping Duty Administrative Review; 2019-2020, 87 FR 13701,
13703 (March 10, 2022).
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On April 14, 2022, BFN requested that Commerce conduct an expedited
CCR to
[[Page 34252]]
find that BFN is the successor-in-interest to Bebitz.\3\ In its
submission, BFN addressed the factors Commerce analyzes with respect to
successor-in-interest determinations in the AD context and provided
supporting documentation.\4\ Commerce received no comments from
interested parties on BFN's CCR Request.
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\3\ See BFN's Letter, ``Finished Carbon Steel Flanges from
India: Request for an Expedited Successor-in-Interest Changed
Circumstances Review,'' dated April 14, 2022 (CCR Request).
\4\ Id.
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Scope of the Order
The merchandise covered by the Order is flanges from India. For a
full description of the merchandise covered by the scope of the Order,
see the Preliminary Decision Memorandum.\5\
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\5\ See Memorandum, ``Finished Carbon Steel Flanges from India:
Initiation and Preliminary Results of the Changed Circumstances
Review,'' dated concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
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Initiation of Changed Circumstances Review
Pursuant to section 751(b)(1) of the Tariff Act of 1930, as amended
(the Act), and 19 CFR 351.216, Commerce will conduct a CCR upon receipt
of a request from an interested party for a review of an AD order which
shows changed circumstances sufficient to warrant a review of the
order.\6\ The information submitted by BFN supporting its claim that
BFN is the successor-in-interest to Bebitz demonstrates changed
circumstances sufficient to initiate a review.\7\
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\6\ See 19 CFR 351.216(c).
\7\ See 19 CFR 351.216(d).
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The information submitted by BFN demonstrates that its request is
based solely on a change in the name of the company from ``Bebitz
Flanges Works Private Limited'' to ``BFN Forgings Private Limited,''
effective August 14, 2020.\8\ Moreover, the evidence submitted in
support of BFN's request demonstrates that BFN is otherwise the same
business entity as Bebitz. Therefore, in accordance with the regulation
referenced above, Commerce is initiating a CCR to determine whether BFN
is the successor-in-interest to Bebitz.
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\8\ See CCR Request at 3.
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Preliminary Results of Changed Circumstances Review
When Commerce concludes that expedited action is warranted, it may
publish the notice of initiation and preliminary results of a CCR
concurrently.\9\ Commerce has combined the notice of initiation and
preliminary results in successor-in-interest cases when sufficient
documentation has been provided supporting the request to make a
preliminary determination.\10\ In this instance, because we have
information on the record to support the request for a preliminary
determination and no other interested party comments, we find that
expedited action is warranted, and we are combining the notice of
initiation and the notice of preliminary results of review, in
accordance with 19 CFR 351.221(c)(3)(ii).
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\9\ See 19 CFR 351.221(c)(3)(ii).
\10\ See, e.g., Certain Frozen Freshwater Shrimp from India:
Notice of Initiation and Preliminary Results of Antidumping Duty
Changed Circumstances Review, 85 FR 57192 (September 15, 2020)
(Hyson CCR Initiation and Preliminary Results), unchanged in Certain
Frozen Freshwater Shrimp from India: Notice of Final Results of
Antidumping Duty Changed Circumstances Review, 85 FR 70584 (November
5, 2020) (Hyson CCR Final Results).
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In a CCR, we generally consider a company to be the successor to
another company for AD cash deposit purposes if the operations of the
successor are not materially dissimilar from those of its
predecessor.\11\ In making this determination, Commerce examines a
number of factors including, but not limited to, changes in: (1)
management; (2) production facilities; (3) suppliers; and (4) customer
base.\12\ While no single factor or combination of factors is
dispositive, Commerce will generally consider one company to be the
successor to another if its resulting operations are essentially the
same as that of its predecessor.\13\ Thus, if the 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 prior company, Commerce will assign the new company the cash
deposit rate of its predecessor.\14\
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\11\ Id.
\12\ See, e.g., Heavy Walled Rectangular Welded Carbon Steel
Pipes and Tubes from Turkey: Notice of Initiation and Preliminary
Results of Changed Circumstances Review, 86 FR 70443 (December 10,
2021) at 86 FR 70444; unchanged in Heavy Walled Rectangular Welded
Carbon Steel Pipes and Tubes from Turkey: Final Results of Changed
Circumstances Review, 87 FR 3763 (January 25, 2022).
\13\ Id.
\14\ See, e.g., Hyson CCR Initiation and Preliminary Results,
unchanged in Hyson CCR Final Results.
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In its CCR request, BFN provided evidence demonstrating that BFN's
operations are not materially dissimilar from those of Bebitz. Based on
the record, we preliminarily determine that BFN is the successor-in-
interest to Bebitz. For a complete discussion of the information that
BFN provided, including business proprietary information, and the
complete successor-in-interest analysis, see the Preliminary Decision
Memorandum.\15\ A list of topics discussed in the Preliminary Decision
Memorandum is included as the appendix to this notice. The Preliminary
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 <a href="https://access.trade.gov">https://access.trade.gov</a>. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed directly
at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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\15\ See Preliminary Decision Memorandum.
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Public Comment
Any interested party may request a hearing within 14 days of
publication of this notice, in accordance with 19 CFR 351.310(c).\16\
Interested parties may submit case briefs no later than 14 days after
the date of publication of this notice.\17\ Rebuttal briefs, limited to
issues raised in the case briefs, may be filed no later than seven days
after the deadline for case briefs, in accordance with 19 CFR
351.309(d). Parties who submit case or rebuttal briefs in this CCR are
requested to submit with each argument: (1) a statement of the issue;
(2) a brief summary of the argument; and (3) a table of
authorities.\18\ All comments are to be filed electronically using
ACCESS, and must also be served on interested parties. An
electronically filed document must be received successfully in its
entirety by ACCESS by 5:00 p.m. Eastern Time on the day it is due.\19\
Note that Commerce has temporarily modified certain requirements for
serving documents containing business proprietary information, until
further notice.\20\
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\16\ Commerce is exercising its discretion under 19 CFR
351.310(c) to alter the time limit for requesting a hearing.
\17\ Commerce is exercising its discretion under 19 CFR
351.309(c)(1)(ii) to alter the time limit for the filing of case
briefs.
\18\ See 19 CFR 351.309(c)(2) and (d)(2).
\19\ See 19 CFR 351.303(b).
\20\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
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Consistent with 19 CFR 351.216(e), we will issue the final results
of this CCR no later than 270 days after the date on which this review
was initiated, or within 45 days of publication of these preliminary
results if all parties agree to the preliminary finding.
Notification to Interested Parties
We are issuing and publishing this initiation and preliminary
results notice in accordance with sections 751(b)(1)
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and 777(i) of the Act and 19 CFR 351.216 and 351.221(c)(3).
Dated: May 27, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in Preliminary Decision Memorandum
I. Background
II. Scope of the Order
III. Initiation And Preliminary Results of the Changed Circumstances
Review
IV. Successor-in-Interest Determination
V. Recommendation
[FR Doc. 2022-12084 Filed 6-3-22; 8:45 am]
BILLING CODE 3510-DS-P
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