Notice of Initiation and Preliminary Results of Antidumping Duty Changed Circumstances Review: Certain Softwood Lumber Products From Canada, 25812-25813 [05-9726]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 70, Number 93 (Monday, May 16, 2005)]
[Notices]
[Pages 25812-25813]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-9726]


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DEPARTMENT OF COMMERCE

International Trade Administration

A-122-838


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

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: In response to a request from Winton Global Lumber Ltd. 
(Winton Global), the Department of Commerce is initiating a changed 
circumstances review of the antidumping duty order on Certain Softwood 
Lumber Products from Canada and issuing this notice of preliminary 
results. We have preliminarily determined that Winton Global Lumber 
Ltd. (Winton Global) is the successor-in-interest to The Pas Lumber 
Company Ltd. (The Pas).

EFFECTIVE DATE: May 16, 2005.

FOR FURTHER INFORMATION CONTACT: Daniel O'Brien or David Neubacher, AD/
CVD Operations, Office 1, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
1376 or (202) 482-5823, respectively.

SUPPLEMENTARY INFORMATION:

Background:

    On May 22, 2002, the Department issued the antidumping duty order 
on Certain Softwood Lumber Products from Canada. See Notice of Amended 
Final Determination of Sales at Less Than Fair Value and Antidumping 
Duty Order: Certain Softwood Lumber Products From Canada, 67 Fed. Reg. 
36067 (May 22, 2002). On April 21, 2005, Winton Global requested that 
the Department of Commerce (the Department) initiate and conduct an 
expedited changed circumstances review, in accordance with sections 
351.216 and 351.221(c)(3)(ii) (2003) of the Department's regulations, 
to confirm that Winton Global is the successor-in-interest to The Pas. 
In its request, Winton Global states that it changed its name to Winton 
Global from The Pas on January 11, 2005 and provided supporting 
documentation.

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 Notice of Amended Final Results of Antidumping 
Duty Administrative Review: Certain Softwood Lumber Products From 
Canada, 70 FR 3358 (January 24, 2005).

Initiation and Preliminary Results

    Pursuant to section 751(b)(1) of the Tariff Act of 1930, as amended 
(the Act), the Department will conduct a changed circumstances review 
upon receipt of information concerning, or a request from an interested 
party for a review of, an antidumping duty order which shows changed 
circumstances sufficient to warrant a review of the order. As indicated 
in the Background section, we have received information indicating that 
The Pas has changed its name to Winton Global. This constitutes changed 
circumstances warranting a review of the order. Therefore, in 
accordance with section 751(b)(1) of the Act, we are initiating a 
changed circumstances review based upon the information contained in 
Winton Global's submissions.
    Section 351.221(c)(3)(ii) of the regulations permits the Department 
to combine the notice of initiation of a changed circumstances review 
and the notice of preliminary results if the Department concludes that 
expedited action is warranted. In this instance, because we have on the 
record the information necessary to make a preliminary finding, we find 
that expedited action is warranted and have combined the notice of 
initiation and the notice of preliminary results.
    In making successor-in-interest determinations, the Department 
examines several factors including, but not limited to, changes in: (1) 
Management; (2) production facilities; (3) supplier relationships; and 
(4) customer base. See, e.g., Polychloroprene Rubber from Japan: Final 
Results of Changed Circumstances Review, 67 FR 58 (January 2, 2002) 
citing, Brass Sheet and Strip from Canada: Notice of Final Results of 
Antidumping Duty Administrative Review, 57 FR 20460 (May 13, 1992). 
While no single factor, or combination of factors, will necessarily 
prove dispositive, the Department will generally consider the new 
company to be the successor to its predecessor company if the resulting 
operations are essentially the same as the predecessor company. Id. 
citing, Industrial Phosphoric Acid from Israel; Final Results of 
Changed Circumstances Review, 59 FR 6944, 6945 (February 14, 1994). 
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 its predecessor, the Department will assign the 
new company the cash-deposit rate of its predecessor.
    In its April 21, 2005, submission, Winton Global argues that it 
merely changed its name to Winton Global from The Pas, and that Winton 
Global is the identical company to The Pas. As such, Winton Global 
states that the company's personnel, operations, supplier/customer 
relationships, and facilities have not changed. To support its claims, 
Winton Global submitted numerous documents, including: (1) The 
Certificate of Change of Name issued by the Government of British 
Columbia; (2) Customs Form 5016 notifying U.S. Customs and Border 
Protection of the name change; (3) a rider to Customs Form 301 
certifying that Winton Global Ltd. is the same entity as the entity 
formerly known as The Pas Lumber Company Ltd.; (4) a copy of the 
corporate consent resolution of the shareholders of The Pas to change 
the corporate name; (5) a Corporate

[[Page 25813]]

Particulars Sheet that indicates no change in shareholding after the 
name change; (6) a pre-name change advertising flyer that shows The Pas 
Lumber Company employing the brand name ``Winton'' for its products; 
(7) samples of letters to customers advising them that there has been a 
name change; (8) pre- and post-name change organizational management 
charts; (9) an insurance appraisal report covering the company's assets 
dated five days prior to the name change; and (10) vendor and customer 
lists for the pre- and post-name change period.
    Based on the information submitted by Winton Global, we 
preliminarily find that Winton Global is the successor-in-interest to 
The Pas. Based on the evidence reviewed, we find that Winton Global 
operates as the same business entity as The Pas and that the company's 
senior management, production facilities, supplier relationships, and 
customers have not changed. Thus, we preliminarily find that Winton 
Global should receive the same antidumping duty cash-deposit rate 
(i.e., 1.83 percent) with respect to the subject merchandise as The 
Pas, its predecessor company.
    However, because cash deposits are only estimates of the amount of 
antidumping duties that will be due, changes in cash deposit rates are 
not made retroactive. If Winton Global believes that the deposits paid 
exceed the actual amount of dumping, it is entitled to request an 
administrative review during the anniversary month of the publication 
of the order of those entries to determine the proper assessment rate 
and receive a refund of any excess deposits. See Certain Hot-Rolled 
Lead and Bismuth Carbon Steel Products From the United Kingdom: Final 
Results of Changed-Circumstances Antidumping and Countervailing Duty 
Administrative Reviews, 64 FR 66880 (November 30, 1999). As a result, 
if these preliminary results are adopted in our final results of this 
changed circumstances review, we will instruct the Customs Service to 
suspend shipments of subject merchandise made by Winton Global at The 
Pas's cash deposit rate (i.e., 1.83 percent). Until that time, the cash 
deposit rate assigned to Winton Global's entries is the rate in effect 
at the time of entry (i.e., the ``all others'' rate).

Public Comment

    Any interested party may request a hearing within 20 days of 
publication of this notice. See 19 CFR 351.310(c). Any hearing, if 
requested, will be held 44 days after the date of publication of this 
notice, or the first working day thereafter. Interested parties may 
submit case briefs and/or written comments not later than 20 days after 
the date of publication of this notice. Rebuttal briefs and rebuttals 
to written comments, which must be limited to issues raised in such 
briefs or comments, may be filed not later than 27 days after the date 
of publication of this notice. 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.
    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, 
or within 45 days if all parties agree to our preliminary finding. We 
are issuing and publishing this finding and notice in accordance with 
sections 751(b)(1) and 777(i)(1) of the Act and section 351.216 of the 
Department's regulations.

    Dated: May 9, 2005.
Joseph Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. 05-9726 Filed 5-13-05; 8:45 am]
BILLING CODE 3510-DS-S