2048 Federal Register / Vol. 74, No. 9 / Wednesday, January 14, 2009 / Notices 

1As observed in the November 18, 2008 request 

from AMT, exports of subject merchandise of AST 

were also the subject of a subsequent investigation 

in which the International Trade Commission 

concluded that the exports did not result in the 

material injury or threat of material injury to the 

U.S. industry or in material retardation of the 

establishment of an industry in the United States. 

See Certain Carbon Steel Butt-Weld Pipe Fittings 

From France, India, Israel, Malaysia, The Republic 

of Korea, Thailand, The United Kingdom, and 

Venezuela, 60 FR 18611 (April 12, 1995). 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–549–807] 

Notice of Initiation and Preliminary 

Results of Changed-Circumstances 

Antidumping Duty Review: Certain 

Carbon Steel Butt-Weld Pipe Fittings 

From Thailand 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(the Department) received a request 

from Awaji Materia (Thailand) Co., Ltd. 

(AMT), for initiation of a changedcircumstances review of the 

antidumping duty order on certain 

carbon steel butt-weld pipe fittings 

(pipe fittings) from Thailand. After 

reviewing this request, we preliminarily 

determine that AMT is the successor-ininterest to Awaji Sangyo (Thailand) Co., 

Ltd. (AST), and, as a result, should be 

accorded the same treatment previously 

accorded to AST with respect to the 

antidumping duty order on pipe fittings 

from Thailand. Interested parties are 

invited to comment on these 

preliminary results. 

DATES: Effective Date: January 14, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Edythe Artman or Minoo Hatten, AD/ 

CVD Operations, Office 5, Import 

Administration, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue, NW., Washington, DC 20230; 

telephone: (202) 482–3931 and (202) 

482–1690, respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

On July 6, 1992, the Department 

published an antidumping duty order 

on pipe fittings from Thailand in which 

it stated that AST was excluded from 

the order due to its de minimis margin 

in the less-than-fair-value investigation. 

See Antidumping Duty Order; Certain 

Carbon Steel Butt-Weld Pipe Fittings 

From Thailand, 57 FR 29702 (July 6, 

1992); see also Final Determination of 

Sales at Less Than Fair Value: Certain 

Carbon Steel Butt-Weld Pipe Fittings 

from Thailand, 57 FR 21065 (May 18, 

1992).1 On November 18, 2008, the 

Department received a request for a 

changed-circumstances review of this 

order from AMT to determine if, for 

purposes of the antidumping law, AMT 

is the successor-in-interest to AST. On 

December 4, 2008, we received a letter 

from Weldbend Corporation, a domestic 

producer of pipe fittings, in which it 

expressed support for AMT’s request. 

Scope of the Order 

The scope of the order covers certain 

pipe fittings from Thailand. They are 

defined as carbon steel butt-weld pipe 

fittings, having an inside diameter of 

less than 14 inches, imported in either 

finished or unfinished form. These 

formed or forged pipe fittings are used 

to join sections in piping systems where 

conditions require permanent, welded 

connections, as distinguished from 

fittings based on other fastening 

methods (e.g., threaded, grooved, or 

bolted fittings). These imports are 

currently classifiable under subheading 

7307.93.30 of the Harmonized Tariff 

Schedule of the United States (HTSUS). 

Although the HTSUS subheadings are 

provided for convenience and customs 

purposes, the written description 

remains dispositive as to the scope of 

the order. 

Initiation and Preliminary Results 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, the Department 

will conduct a changed-circumstances 

review upon receipt of information 

concerning, or a request from an 

interested party for review of, an 

antidumping duty order which shows 

changed circumstances sufficient to 

warrant a review of the order. The 

Department finds that the 

documentation that AMT submitted 

with its November 18, 2008 request 

constitutes sufficient evidence of 

changed circumstances to warrant such 

a review. Thus, in accordance with 

section 751(b) of the Act, the 

Department is initiating a changedcircumstances review to determine 

whether AMT is the successor-ininterest to AST for purposes of 

determining antidumping duty liability 

with respect to imports of pipe fittings 

from Thailand. 

Furthermore, 19 CFR 351.221(c)(3)(ii) 

permits the Department to combine the 

notice of initiation of a changedcircumstances review and the notice of 

preliminary results for the review in a 

single notice if the Department 

concludes that expedited action is 

warranted. As explained below, we find 

that the evidence provided by AMT is 

sufficient to preliminarily determine 

that this company is the successor-ininterest to AST. 

In making a successor-in-interest 

determination, the Department 

examines several factors including but 

not limited to changes in the following: 

(1) Management; (2) production 

facilities; (3) supplier relationships; and 

(4) customer base. See, e.g., Notice of 

Final Results of Changed Circumstances 

Antidumping Duty Administrative 

Review: Polychloroprene Rubber From 

Japan, 67 FR 58 (January 2, 2002), and 

Brass Sheet and Strip from Canada: 

Final Results of Antidumping Duty 

Administrative Review, 57 FR 20460, 

20461 (May 13, 1992). While no single 

factor or combination of factors will 

necessarily provide a dispositive 

indication of a successor-in-interest 

relationship, generally the Department 

will consider the new company to be 

the successor to the previous company 

if the new company’s resulting 

operation is not materially dissimilar to 

that 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 

(March 1, 1999) (Salmon from Norway), 

and Industrial Phosphoric Acid from 

Israel; Final Results of Changed 

Circumstances Review, 59 FR 6944, 

6945 (February 14, 1994). 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., Salmon from 

Norway, 64 FR at 9980. 

In accordance with 19 CFR 

351.221(3), we preliminarily determine 

that AMT is the successor-in-interest to 

AST. In its November 18, 2008 filing, 

AMT provided evidence supporting its 

claim to be the successor-in-interest to 

AST. Specifically, it provided the 

following documentation: 

(1) A declaration of the executive vice 

president of AMT in which the official 

states that the name change of the 

company from AST to AMT did not 

result in changes in management, 

production, facilities, supplier 

relationships or changes to the customer 

base; 

(2) Certifications of incorporation of 

both AST and AMT filed with the Thai 

Ministry of Commerce; 

(3) Copies of tax identification cards 

for AST and AMT that show the 


sroberts on PROD1PC70 with NOTICES
Federal Register / Vol. 74, No. 9 / Wednesday, January 14, 2009 / Notices 2049 

1The petitioners in this investigation are SGL 

Carbon LLC and Superior Graphite Co. 

companies were assigned the same 

taxpayer identification numbers; 

(4) A statement from a Thai bank 

confirming the change of the company 

account name from AST to AMT in 

August 2006; 

(5) Company outlines dated before 

and after the name change that 

demonstrate no changes in management 

or facilities between the two points in 

time; 

(6) A notice published by the 

European Union Commission 

recognizing the name change from AST 

to AMT for antidumping-duty purposes; 

and 

(7) Copies of letters AST sent to 

customers announcing the name change. 

In summary, AMT has presented 

evidence to establish a prima facie case 

of its successorship status. AST’s name 

change to AMT has not changed the 

operations of the company in a 

meaningful way. AMT’s management, 

production facilities, supplier 

relationships, and customer base are 

substantially unchanged from those of 

AST. The record evidence demonstrates 

that the new entity essentially operates 

in the same manner as the predecessor 

company. Consequently, we 

preliminarily determine that AMT 

should be assigned the same 

antidumping-duty treatment as AST, 

i.e., exclusion from the order. See 

Antidumping Duty Order; Certain 

Carbon Steel Butt-Weld Pipe Fittings 

From Thailand, 57 FR 29702 (July 6, 

1992). 

Public Comment 

Interested parties are invited to 

comment on these preliminary results. 

Written comments may be submitted no 

later than 14 days after the date of 

publication of these preliminary results. 

Rebuttals to written comments, limited 

to issues raised in such comments, may 

be filed no later than 21 days after the 

date of publication. The Department 

will issue the final results of this 

changed-circumstances review, which 

will include the results of its analysis 

raised in any such written comments, 

no later than 270 days after the date on 

which this review was initiated or 

within 45 days if all parties agree to our 

preliminary results. See 19 CFR 

351.216(e). 

This notice is published in 

accordance with sections 751(b)(1) and 

777(i) of the Act and 19 CFR 351.216 

and 351.221. 

Ronald K. Lorentzen, 

Acting Assistant Secretary for Import 

Administration. 

[FR Doc. E9–632 Filed 1–13–09; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

(A–552–801) 

Certain Frozen Fish Fillets from the 

Socialist Republic of Vietnam: 

Extension of Time Limit for Final 

Results of Changed Circumstances 

Review 

EFFECTIVE DATE: January 14, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Javier Barrientos, 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) 

482–2243. 

Extension of Time Limit for Final 

Results 

On August 10, 2007, the Department 

of Commerce (‘‘Department’’) issued its 

preliminary results for the changed 

circumstances review of the 

antidumping duty order of certain 

frozen fish fillets from the Socialist 

Republic of Vietnam (‘‘Vietnam’’). See 

Certain Frozen Fish Fillets from 

Vietnam: Notice of Initiation and 

Preliminary Results of Changed 

Circumstances Review, 72 FR 46604 

(August 21, 2007) (Preliminary Results). 

In it, we stated we would issue the final 

results within 270 days after the date on 

which the changed circumstances 

review was initiated. We subsequently 

postponed that deadline until December 

5, 2008. See Certain Frozen Fish Fillets 

from Vietnam: Extension of Time Limit 

for Final Results of Changed 

Circumstances Review, 73 FR 60240 

(October 10, 2008). However, the 

Department now finds that it is not 

practicable to complete this review by 

December 5, 2008. Subsequent to the 

Preliminary Results and receipt of Vinh 

Hoan Co., Ltd./Corporation’s and 

Petitioners’ (the Catfish Farmers of 

America and individual U.S. catfish 

processors) case briefs, the Department 

requested and received new information 

from Vinh Hoan. Moreover, Vinh Hoan 

requested an extension to the time limit 

for submission of this new information. 

As a result, additional time is needed to 

review the information and prepare the 

results. Consequently, in accordance 

with 19 CFR 351.302(b), the Department 

is extending the time period for issuing 

the final results until February 18, 2009. 

This notice is published in 

accordance with section 771(i) of the 

Tariff Act of 1930, as amended. 

Dated: December 5, 2008. 

Gary Taverman, 

Acting Deputy Assistant Secretary for 

Antidumping and Countervailing Operations. 

[FR Doc. E9–623 Filed 1–13–09; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–929] 

Final Determination of Sales at Less 

Than Fair Value and Affirmative 

Determination of Critical 

Circumstances: Small Diameter 

Graphite Electrodes from the People’s 

Republic of China 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

EFFECTIVE DATE: January 14, 2009. 

SUMMARY: The Department of Commerce 

(the Department) has determined that 

small diameter graphite electrodes from 

the People’s Republic of China (PRC) are 

being, or are likely to be, sold in the 

United States at less than fair value 

(LTFV) as provided in section 735 of the 

Tariff Act of 1930, as amended (the Act). 

The final dumping margins for this 

investigation are listed in the ‘‘Final 

Determination Margins’’ section below. 

The period covered by the investigation 

is July 1, 2007, through December 31, 

2007 (the POI). 

FOR FURTHER INFORMATION CONTACT: 

Magd Zalok or Drew Jackson, AD/CVD 

Operations, Office 4, Import 

Administration, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue, NW, Washington, DC, 20230; 

telephone: (202) 482–4162 and 482– 

4406, respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

The Department published its 

preliminary determination of sales at 

LTFV on August 21, 2008. See Small 

Diameter Graphite Electrodes From the 

People’s Republic of China: Preliminary 

Determination of Sales at Less Than 

Fair Value, Postponement of Final 

Determination, and Affirmative 

Preliminary Determination of Critical 

Circumstances, in Part, 73 FR 49408 

(August 21, 2008) (Preliminary 

Determination). On August 25, 2008, the 

Department received ministerial error 

allegations from petitioners1 and one 


sroberts on PROD1PC70 with NOTICES