Notice of Preliminary Results of Antidumping Duty Changed Circumstances Review: Certain Softwood Lumber Products From Canada, 16219-16220 [E5-1402]

Download as PDF Federal Register / Vol. 70, No. 60 / Wednesday, March 30, 2005 / Notices (Decision Memo) from Barbara E. Tillman, Acting Deputy Assistant Secretary for Import Administration, to Joseph A. Spetrini, Acting Assistant Secretary for Import Administration, dated March 23, 2005, which is adopted by this notice. A list of the issues which parties have raised are in the Decision Memo and it is attached to this notice as an appendix. Parties can find a complete discussion of all issues raised in this review and the corresponding recommendations in this public memorandum, which is on file in the Central Records Unit, room B–099, of the main Commerce building. In addition, a complete version of the Decision Memo can be accessed directly on the Web at https:// www.ia.ita.doc.gov/frn. The paper copy and electronic version of the Decision Memo are identical in content. Changes Since the Preliminary Results Based on our analysis of comments received, we have made certain changes in the margin calculations. These changes are discussed in the relevant sections of the Decision Memo and the Memorandum to the File from Jennifer Moats, dated March 23, 2005 (Analysis Memo). Specifically, for these final results, we have revalued sebacic acid and revalued capryl alcohol with a more recently submitted value for octanol. Final Results of Review We determine that the following weighted–average margin percentage exists for the period July 1, 2002, through June 30, 2003: Notification to Interested Parties The Department will disclose calculations performed in connection with the final results of review within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b) of its regulations. This notice also serves as a reminder to parties subject to administrative protective orders (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3) of the Department’s regulations. Timely written notification of the return/ destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. We are issuing and publishing this determination and notice in accordance with section 751(b)(1) of the Act and 19 CFR 351.216. Dated: March 23, 2005. Joseph A. Spetrini, Acting Assistant Secretary for Import Administration. Appendix - - Issues in Decision Memo Comments 1. Authority to Reinstate the Antidumping Duty Order 2. Lack of Domestic Interested Party 3. Appearance of Cognis Corporation 4. Valuation of Sebacic Acid 5. Valuation of Activated Carbon 6. Valuation of Capryl Alcohol 7. Selection of Surrogate Financial Ratios [FR Doc. E5–1401 Filed 3–29–05; 8:45 am] BILLING CODE 3510–DS–S Manufacturer/Exporter Margin Tianjin Chemicals Import and Export Corporation ............ 26.33 percent DEPARTMENT OF COMMERCE International Trade Administration Since we have established that sebacic acid exported by Tianjin is being sold at less than NV, Tianjin is hereby reinstated in the antidumping duty order effective on the publication date of this notice. We will advise U.S. Customs and Border Protection (CBP) to collect a cash deposit of 26.33 percent on all entries of the subject merchandise exported by Tianjin that are entered, or withdrawn from warehouse, for consumption on or after, the publication date of these final results. This requirement shall remain in effect until publication of the final results of the next administrative review as to Tianjin. There are no changes to the rates applicable to any other companies under this antidumping duty order. VerDate jul<14>2003 15:07 Mar 29, 2005 Jkt 205001 [A–122–838] Notice of Preliminary Results of Antidumping Duty Changed Circumstances Review: Certain Softwood Lumber Products From Canada Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On September 2, 2004, the Department of Commerce published a notice of initiation of changed circumstances review of the antidumping duty order on certain softwood lumber products from Canada. The review was initiated to determine the appropriate cash deposit rate for Produits Forestiers Saguenay Inc., a AGENCY: PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 16219 previously inactive holding company which began producing softwood lumber and exporting it to the United States as of June 1, 2004, and is currently owned by Abitibi Consolidated Company of Canada. We have preliminarily concluded that Produits Forestiers Saguenay Inc. should be assigned the same cash deposit rate as the Abitibi Group. DATES: Effective Dates: March 30, 2005. FOR FURTHER INFORMATION CONTACT: Constance Handley or Saliha Loucif, AD/CVD Enforcement, Office 1, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482–0631 or (202) 482– 1779, respectively. SUPPLEMENTARY INFORMATION: Background On July 29, 2004, in accordance with section 751(b)(1) of the Act and 19 CFR 351.216(b) (2004), the Abitibi Group and Produits Forestiers Saguenay (PFS), both Canadian producers of softwood lumber products and interested parties in this proceeding, filed a request for a changed circumstances review. The Abitibi Group is composed of AbitibiConsolidated Inc. (ACI), Abitibi Consolidated Company of Canada (ACCC), Produits Forestiers Petit Paris Inc. (PFPP), and Societe en Commandite Scierie Opitciwan (Opitciwan). In response to this request, the Department of Commerce (the Department) initiated a changed circumstances review of the antidumping duty order on certain softwood lumber from Canada. See Initiation of Antidumping Duty Changed Circumstances Review: Certain Softwood Products from Canada, 69 FR 53681 (September 2, 2004) (Initiation Notice). On October 18, 2004, the Department issued to the Abitibi Group a questionnaire requesting further details on PFS’ affiliation with the Abitibi Group. The Abitibi Group’s response was received by the Department on November 18, 2004. The petitioner, the Coalition of Fair Lumber Imports Executive Commission, did not file comments with respect to the request. Scope of the Order For purposes of the order, the products covered are certain softwood lumber products from Canada. For a complete description of the scope of the order, see Initiation Notice. Preliminary Results of the Review In submissions to the Department dated July 29, 2004, and November 18, E:\FR\FM\30MRN1.SGM 30MRN1 16220 Federal Register / Vol. 70, No. 60 / Wednesday, March 30, 2005 / Notices 2004, the Abitibi Group contends that PFS should be subject to the Abitibi Group cash deposit rate, because it is controlled by ACCC, which owns the majority of PFS’ shares, and because it has production facilities similar or identical to other members of the Abitibi Group as well as intertwined sales processes. On June 1, 2004, ACCC entered into a three-way agreement with Cooperative Forestiere Laterriere (CFL) and Les Placements H.N.M.A. Inc. (HNMA), its existing partner in Scierie Saguenay Ltee (SSL), to form PFS. ACCC is the main shareholder in PFS. PFS owns and operates four sawmills located in the Saguenay region of Quebec, of which two 1 were previously wholly-owned by ACCC and consequently shared the Abitibi Group’s rate, one 2 was 50 percent owned by the ACCC and 50 percent by HNMA, and one 3 was owned by CFL. In antidumping duty changed circumstances reviews involving a change in ownership, the Department typically examines several factors including, but not limited to, changes in: (1) Management; (2) production facilities; (3) customer base; and (4) supplier relationships. See Brass Sheet and Strip from Canada: Notice of Final Results of Antidumping Administrative Review, 57 FR 20460, 20462 (May 13, 1992). While we recognize that this is not a typical successor-in-interest situation, since the Abitibi Group has not ceased to exist or been substantially changed, we believe that the factors analyzed as part of a successor-in-interest finding are relevant to our determination of the proper cash deposit rate for Abitibi’s new affiliate, PFS. Based on our review of the questionnaire response, we preliminarily find that PFS functions as part of the Abitibi Group. Indeed, as a result of the agreement that formed PFS, significant components of the Abitibi Group’s management, production facilities, supplier relationships, and customer base have been incorporated into PFS. PFS’s Board of Directors is predominantly composed of directors appointed by the Abitibi Group (three appointed by ACCC, one appointed by CFL, and one appointed by HNMA). The Abitibi Group appointed board members also serve as President, Secretary and 1 On May 31, 2004, PFS purchased St. Fulgence and Petit Saguenay sawmills from ACCC, via an asset purchase agreement. 2 Scierie Saguenay Ltee. 3 On May 17, 2004, through an asset purchase agreement, PFS purchased the Laterriere sawmill and related assets from Cooperative Forestiere Laterriere (CFL), which had been insolvent. VerDate jul<14>2003 15:07 Mar 29, 2005 Jkt 205001 Treasurer of PFS. Furthermore, PFS employs former ACCC employees of St. Fulgence and Petit Saguenay sawmills who continue working from the same Abitibi Group facilities. With regard to production facilities, as noted above, two of the mills as well as 50 percent of the SSL mill already belonged to the Abitibi Group. Production from the Abitibi mills, which accounts for the bulk of PFS’s production, was included in determining the Abitibi Group’s current cash deposit rate. In terms of customer base, PFS’s price setting, channel of distributions and sales functions have been assigned to ACI, the sales arm of the Abitibi Group. ACI sells the majority of the softwood lumber produced by all four of PFS’s sawmills, including all sales of PFS softwood lumber to the United States. Therefore, PFS’s customer base is largely that of ACI. Finally, no information on the record indicates any substantial change in supplier relationships of the mills, whose production as stated earlier, is largely from mills already owned by the Abitibi Group. When PFS purchased two sawmills previously owned by the Abitibi Group, it began to function as a member of the Abitibi Group. PFS’s ownership, management, production facilities, supplier relationships, customer base, sales practices and facilities combine important elements of the Abitibi Group. Therefore, we preliminarily find PFS to be a member of the Abitibi Group and entitled to the Abitibi Group cash deposit rate. If the above preliminary results are affirmed in the Department’s final results, the cash deposit rate 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 Abitibi Group participates. Public Comment Any interested party may request a hearing within 20 days of publication of this notice. 19 CFR 351.310(c). Any hearing, if requested, will be held 34 days after the date of publication of this notice, or the first working day thereafter. Interested parties may submit PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 case briefs not later than 20 days after the date of publication of this notice. 19 CFR 351.309(c)(ii). Rebuttal briefs, which must be limited to issues raised in such briefs, must be filed not later than 37 days after the date of publication of this notice. See 19 CFR 351.309(d). Parties who submit arguments are requested to submit with the argument (1) a statement of the issue, (2) a brief summary of the argument, and (3) a table of authorities. We will issue the final results of this changed circumstances review no later than May 23, 2005. This notice is in accordance with sections 751(b) and 777(i)(1) of the Act, and section 351.221(c)(3)(i) of the Department’s regulations. Dated: March 24, 2005. Joseph A. Spetrini, Acting Assistant Secretary for Import Administration. [FR Doc. E5–1402 Filed 3–29–05; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–588–866] Initiation of Antidumping Duty Investigation: Superalloy Degassed Chromium From Japan Import Administration, International Trade Administration, Department of Commerce. DATES: Effective Dates: March 30, 2005. FOR FURTHER INFORMATION CONTACT: Susan Lehman or Minoo Hatten, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482–0180 or (202) 482– 1690, respectively. SUPPLEMENTARY INFORMATION: AGENCY: The Petition On March 4, 2005, the Department of Commerce (the Department) received a petition on imports of superalloy degassed chromium from Japan filed in proper form by Eramet Marietta Inc. and Paper, Allied-Industrial, Chemical and Energy Workers International Union (the petitioners). On March 10, 2005, the Department issued a supplemental questionnaire requesting additional information and clarification of certain areas of the petition. The Department also requested additional information in March 16, 2005, and March 17, 2005, telephone calls with counsel to the petitioners. See Memoranda from Meredith Wood through Norbert O. E:\FR\FM\30MRN1.SGM 30MRN1

Agencies

[Federal Register Volume 70, Number 60 (Wednesday, March 30, 2005)]
[Notices]
[Pages 16219-16220]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-1402]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-122-838]


Notice of Preliminary Results of Antidumping Duty Changed 
Circumstances Review: Certain Softwood Lumber Products From Canada

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On September 2, 2004, the Department of Commerce published a 
notice of initiation of changed circumstances review of the antidumping 
duty order on certain softwood lumber products from Canada. The review 
was initiated to determine the appropriate cash deposit rate for 
Produits Forestiers Saguenay Inc., a previously inactive holding 
company which began producing softwood lumber and exporting it to the 
United States as of June 1, 2004, and is currently owned by Abitibi 
Consolidated Company of Canada. We have preliminarily concluded that 
Produits Forestiers Saguenay Inc. should be assigned the same cash 
deposit rate as the Abitibi Group.

DATES: Effective Dates: March 30, 2005.

FOR FURTHER INFORMATION CONTACT: Constance Handley or Saliha Loucif, 
AD/CVD Enforcement, Office 1, Import Administration, International 
Trade Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
0631 or (202) 482-1779, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On July 29, 2004, in accordance with section 751(b)(1) of the Act 
and 19 CFR 351.216(b) (2004), the Abitibi Group and Produits Forestiers 
Saguenay (PFS), both Canadian producers of softwood lumber products and 
interested parties in this proceeding, filed a request for a changed 
circumstances review. The Abitibi Group is composed of Abitibi-
Consolidated Inc. (ACI), Abitibi Consolidated Company of Canada (ACCC), 
Produits Forestiers Petit Paris Inc. (PFPP), and Societe en Commandite 
Scierie Opitciwan (Opitciwan).
    In response to this request, the Department of Commerce (the 
Department) initiated a changed circumstances review of the antidumping 
duty order on certain softwood lumber from Canada. See Initiation of 
Antidumping Duty Changed Circumstances Review: Certain Softwood 
Products from Canada, 69 FR 53681 (September 2, 2004) (Initiation 
Notice). On October 18, 2004, the Department issued to the Abitibi 
Group a questionnaire requesting further details on PFS' affiliation 
with the Abitibi Group. The Abitibi Group's response was received by 
the Department on November 18, 2004. The petitioner, the Coalition of 
Fair Lumber Imports Executive Commission, did not file comments with 
respect to the request.

Scope of the Order

    For purposes of the order, the products covered are certain 
softwood lumber products from Canada. For a complete description of the 
scope of the order, see Initiation Notice.

Preliminary Results of the Review

    In submissions to the Department dated July 29, 2004, and November 
18,

[[Page 16220]]

2004, the Abitibi Group contends that PFS should be subject to the 
Abitibi Group cash deposit rate, because it is controlled by ACCC, 
which owns the majority of PFS' shares, and because it has production 
facilities similar or identical to other members of the Abitibi Group 
as well as intertwined sales processes.
    On June 1, 2004, ACCC entered into a three-way agreement with 
Cooperative Forestiere Laterriere (CFL) and Les Placements H.N.M.A. 
Inc. (HNMA), its existing partner in Scierie Saguenay Ltee (SSL), to 
form PFS. ACCC is the main shareholder in PFS. PFS owns and operates 
four sawmills located in the Saguenay region of Quebec, of which two 
\1\ were previously wholly-owned by ACCC and consequently shared the 
Abitibi Group's rate, one \2\ was 50 percent owned by the ACCC and 50 
percent by HNMA, and one \3\ was owned by CFL.
---------------------------------------------------------------------------

    \1\ On May 31, 2004, PFS purchased St. Fulgence and Petit 
Saguenay sawmills from ACCC, via an asset purchase agreement.
    \2\ Scierie Saguenay Ltee.
    \3\ On May 17, 2004, through an asset purchase agreement, PFS 
purchased the Laterriere sawmill and related assets from Cooperative 
Forestiere Laterriere (CFL), which had been insolvent.
---------------------------------------------------------------------------

    In antidumping duty changed circumstances reviews involving a 
change in ownership, the Department typically examines several factors 
including, but not limited to, changes in: (1) Management; (2) 
production facilities; (3) customer base; and (4) supplier 
relationships. See Brass Sheet and Strip from Canada: Notice of Final 
Results of Antidumping Administrative Review, 57 FR 20460, 20462 (May 
13, 1992).
    While we recognize that this is not a typical successor-in-interest 
situation, since the Abitibi Group has not ceased to exist or been 
substantially changed, we believe that the factors analyzed as part of 
a successor-in-interest finding are relevant to our determination of 
the proper cash deposit rate for Abitibi's new affiliate, PFS.
    Based on our review of the questionnaire response, we preliminarily 
find that PFS functions as part of the Abitibi Group. Indeed, as a 
result of the agreement that formed PFS, significant components of the 
Abitibi Group's management, production facilities, supplier 
relationships, and customer base have been incorporated into PFS. PFS's 
Board of Directors is predominantly composed of directors appointed by 
the Abitibi Group (three appointed by ACCC, one appointed by CFL, and 
one appointed by HNMA). The Abitibi Group appointed board members also 
serve as President, Secretary and Treasurer of PFS. Furthermore, PFS 
employs former ACCC employees of St. Fulgence and Petit Saguenay 
sawmills who continue working from the same Abitibi Group facilities.
    With regard to production facilities, as noted above, two of the 
mills as well as 50 percent of the SSL mill already belonged to the 
Abitibi Group. Production from the Abitibi mills, which accounts for 
the bulk of PFS's production, was included in determining the Abitibi 
Group's current cash deposit rate.
    In terms of customer base, PFS's price setting, channel of 
distributions and sales functions have been assigned to ACI, the sales 
arm of the Abitibi Group. ACI sells the majority of the softwood lumber 
produced by all four of PFS's sawmills, including all sales of PFS 
softwood lumber to the United States. Therefore, PFS's customer base is 
largely that of ACI. Finally, no information on the record indicates 
any substantial change in supplier relationships of the mills, whose 
production as stated earlier, is largely from mills already owned by 
the Abitibi Group.
    When PFS purchased two sawmills previously owned by the Abitibi 
Group, it began to function as a member of the Abitibi Group. PFS's 
ownership, management, production facilities, supplier relationships, 
customer base, sales practices and facilities combine important 
elements of the Abitibi Group. Therefore, we preliminarily find PFS to 
be a member of the Abitibi Group and entitled to the Abitibi Group cash 
deposit rate.
    If the above preliminary results are affirmed in the Department's 
final results, the cash deposit rate 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 Abitibi 
Group participates.

Public Comment

    Any interested party may request a hearing within 20 days of 
publication of this notice. 19 CFR 351.310(c). Any hearing, if 
requested, will be held 34 days after the date of publication of this 
notice, or the first working day thereafter. Interested parties may 
submit case briefs not later than 20 days after the date of publication 
of this notice. 19 CFR 351.309(c)(ii). Rebuttal briefs, which must be 
limited to issues raised in such briefs, must be filed not later than 
37 days after the date of publication of this notice. See 19 CFR 
351.309(d). Parties who submit arguments are requested to submit with 
the argument (1) a statement of the issue, (2) a brief summary of the 
argument, and (3) a table of authorities. We will issue the final 
results of this changed circumstances review no later than May 23, 
2005.
    This notice is in accordance with sections 751(b) and 777(i)(1) of 
the Act, and section 351.221(c)(3)(i) of the Department's regulations.

    Dated: March 24, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. E5-1402 Filed 3-29-05; 8:45 am]
BILLING CODE 3510-DS-P

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