Notice of Initiation and Preliminary Results of Antidumping Duty Changed Circumstances Review: Certain Softwood Lumber Products from Canada, 37327-37330 [E5-3394]
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Federal Register / Vol. 70, No. 124 / Wednesday, June 29, 2005 / Notices
classifiable as light castings under HTS
item number 7325.10.0050.
Canada (A–122–503)
The merchandise subject to this
antidumping duty order consists of
certain iron construction castings,
limited to manhole covers, rings, and
frames; catch basin grates and frames;
cleanout covers and frames used for
drainage or access purposes for public
utility, water and sanitary systems,
classifiable as heavy castings under HTS
item number 7325.10.0010.
cash deposits at the rates in effect at the
time of entry for all imports of subject
merchandise.
The effective date of continuation of
these orders will be the date of
publication in the Federal Register of
this Notice of Continuation. Pursuant to
section 751(c)(2) and 751(c)(6)(A) of the
Act, the Department intends to initiate
the next five–year reviews of these
orders not later than May 2010.
These five–year (sunset) reviews and
this notice are in accordance with
section 751(c) of the Act.
China (A–570–502)
The merchandise subject to this
antidumping duty order consists of
certain iron construction castings,
limited to manhole covers, rings and
frames; catch basin grates and frames;
and cleanout covers and frames used for
drainage or access purposes for public
utility, water and sanitary systems; and
valve, service, and meter boxes which
are placed below ground to encase
water, gas, or other valves, or water and
gas meters. These articles must be of
cast iron, not alloyed, and not
malleable. The merchandise is currently
classifiable under item number
7325.10.0010 and 7325.10.0050.
Dated: June 21, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import
Administration.
[FR Doc. E5–3393 Filed 6–28–05; 8:45 am]
Brazil (C–351–504)
The merchandise subject to this
countervailing duty order consists of
certain heavy iron construction castings
from Brazil. The merchandise is defined
as manhole covers, rings and frames;
catch basin grates and frames; and
cleanout covers and frames. This
merchandise is currently classifiable
under HTS item number 7325.10.00.
The HTS item numbers subject to
these antidumping and countervailing
duty orders are provided for
convenience and customs purposes. The
written product descriptions remain
dispositive.
AGENCY:
Determination
As a result of the determinations by
the Department and the ITC that
revocation of these antidumping and
countervailing duty orders would likely
lead to continuation or recurrence of
dumping and countervailable subsidies,
and material injury to an industry in the
United States, pursuant to section
751(d)(2) of the Act, the Department
hereby orders the continuation of the
antidumping duty orders on certain iron
construction castings from Brazil,
Canada, and China, and countervailing
duty order on heavy iron construction
castings from Brazil.
U.S. Customs and Border Protection
(‘‘CBP’’) will continue to collect
antidumping and countervailing duty
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Billing Code: 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–848]
Notice of Extension of the Preliminary
Results of New Shipper Antidumping
Duty Reviews: Crawfish Tail Meat from
the People’s Republic of China
Import Administration,
International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: June 29, 2005.
FOR FURTHER INFORMATION CONTACT: Scot
Fullerton at (202) 482–1386 or Bobby
Wong at (202) 482–0409; AD/CVD
Operations, Office 9, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
The Department of Commerce (the
Department) received timely requests
from Dafeng Shunli Import & Export
Co., Ltd. (Shunli) and Shanghai Blessing
Trade Co., Ltd. (Shanghai Blessing) in
accordance with 19 CFR 351.214(c), for
new shipper reviews of the antidumping
duty order on crawfish tail meat from
the PRC. See Freshwater Crawfish Tail
Meat From the People’s Republic of
China: Initiation of Antidumping Duty
New Shipper Reviews, 69 FR 64028
(November 3, 2004). On October 28,
2004, the Department found that the
requests for review with respect to
Shunli and Shanghai Blessing met all
the regulatory requirements set forth in
19 CFR 351.214(b) and initiated these
new shipper antidumping duty reviews
covering the period September 1, 2003,
through August 31, 2004. Id. On March
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37327
23, 2005, the Department extended the
time limit for the deadline for issuance
of the preliminary results to June 30,
2005, in accordance with section
751(a)(2)(B)(iv) of the Tariff Act of 1930,
as amended (the Act), and
§ 351.214(i)(2) of the Department’s
regulations. See Notice of Extension of
the Preliminary Results of New Shipper
Antidumping Duty Reviews: Crawfish
Tail Meat from the People’s Republic of
China 70 FR 14648.
Extension of Time Limits for
Preliminary Results
The Act and 19 CFR 351.214(i)(1)
require the Department to issue the
preliminary results of a new shipper
review within 180 days after the date on
which the new shipper review was
initiated and final results of a review
within 90 days after the date on which
the preliminary results were issued. The
Department may, however, extend the
deadline for completion of the
preliminary results of a new shipper
review to 300 days if it determines that
the case is extraordinarily complicated
(19 CFR 351.214 (i)(2)). The Department
has deemed it necessary to provide
additional time for parties to comment
on the Department’s bona fide sales
analyses prior to the preliminary results.
Accordingly, the Department is
extending the time limit for the
completion of the preliminary results
until no later than August 23, 2005, in
accordance with section 751(a)(2)(B)(iv)
of the Act and 19 CFR 351.214(i)(2). The
deadline for the final results of this
administrative review continues to be
90 days after the publication of the
preliminary results, unless extended.
Dated: June 23, 2005.
Barbara E. Tillman,
Acting Deputy Assistant Secretary for Import
Administration.
[FR Doc. E5–3392 Filed 6–28–05; 8:45 am]
BILLING CODE 3510–DS–S
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
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: Western Forest Products Inc.
(WFP) has requested a changed
circumstances review of the
antidumping duty order on certain
AGENCY:
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Federal Register / Vol. 70, No. 124 / Wednesday, June 29, 2005 / Notices
softwood lumber products from Canada
pursuant to section 751(b)(1) of the
Tariff Act of 1930, as amended (the Act)
and 19 CFR 351.216(b). The Department
of Commerce (the Department) is
initiating this changed circumstances
review and issuing this notice of
preliminary results pursuant to 19 CFR
351.221(c)(3)(ii). We have preliminarily
determined that WFP and its
subsidiaries, WFP Products Limited,
WFP Western Lumber Ltd., and WFP
Lumber Sales Limited (collectively, ‘‘the
WFP Entities’’), are the successor–ininterest to Doman Industries Limited,
Doman Forest Products Limited, and
Doman Western Lumber Ltd.
(collectively, ‘‘the Doman Entities’’).
EFFECTIVE DATE: June 29, 2005.
FOR FURTHER INFORMATION CONTACT:
Constance Handley 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) 482–0631 or (202) 482–
5823, respectively.
SUPPLEMENTARY INFORMATION:
Background
On January 24, 2005, the Department
issued the amended final results of the
antidumping duty administrative review
on certain softwood lumber products
from Canada. See Notice of Amended
Final Results Antidumping Duty
Administrative Review: Certain
Softwood Lumber Products From
Canada, 70 FR 3358 (January 24, 2005).
On May 27, 2005, WFP requested that
the Department initiate and conduct an
expedited changed circumstances
review, in accordance with section
351.216 of the Department’s regulations,
to confirm that WFP and its subsidiaries
are the successor–in-interest to the
Doman Entities. In its request, WFP
stated that the Doman Entities
reorganized and transferred all of their
assets to a new operating group known
as WFP on July 27, 2004, and provided
supporting documentation.
Scope of the Order
The products covered by this order
are softwood lumber, flooring and
siding (softwood lumber products).
Softwood lumber products include all
products classified under headings
4407.1000, 4409.1010, 4409.1090, and
4409.1020, respectively, of the
Harmonized Tariff Schedule of the
United States (HTSUS), and any
softwood lumber, flooring and siding
described below. These softwood
lumber products include:
(1) coniferous wood, sawn or chipped
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lengthwise, sliced or peeled,
whether or not planed, sanded or
finger–jointed, of a thickness
exceeding six millimeters;
(2) coniferous wood siding (including
strips and friezes for parquet
flooring, not assembled)
continuously shaped (tongued,
grooved, rabbeted, chamfered, v–
jointed, beaded, molded, rounded
or the like) along any of its edges or
faces, whether or not planed,
sanded or finger–jointed;
(3) other coniferous wood (including
strips and friezes for parquet
flooring, not assembled)
continuously shaped (tongued,
grooved, rabbeted, chamfered, v–
jointed, beaded, molded, rounded
or the like) along any of its edges or
faces (other than wood moldings
and wood dowel rods) whether or
not planed, sanded or finger–
jointed; and
(4) coniferous wood flooring
(including strips and friezes for
parquet flooring, not assembled)
continuously shaped (tongued,
grooved, rabbeted, chamfered, v–
jointed, beaded, molded, rounded
or the like) along any of its edges or
faces, whether or not planed,
sanded or finger–jointed.
Although the HTSUS subheadings are
provided for convenience and customs
purposes, the written description of the
merchandise under investigation is
dispositive. Preliminary scope
exclusions and clarifications were
published in three separate Federal
Register notices.
Softwood lumber products excluded
from the scope:
• trusses and truss kits, properly
classified under HTSUS 4418.90
• I–joist beams
• assembled box spring frames
• pallets and pallet kits, properly
classified under HTSUS 4415.20
• garage doors
• edge–glued wood, properly
classified under HTSUS
4421.90.97.40 (formerly HTSUS
4421.90.98.40)
• properly classified complete door
frames
• properly classified complete
window frames
• properly classified furniture
Softwood lumber products excluded
from the scope only if they meet certain
requirements:
• Stringers (pallet components used
for runners): if they have at least
two notches on the side, positioned
at equal distance from the center, to
properly accommodate forklift
blades, properly classified under
HTSUS 4421.90.97.40 (formerly
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HTSUS 4421.90.98.40).
• Box–spring frame kits: if they
contain the following wooden
pieces - two side rails, two end (or
top) rails and varying numbers of
slats. The side rails and the end
rails should be radius–cut at both
ends. The kits should be
individually packaged, they should
contain the exact number of
wooden components needed to
make a particular box spring frame,
with no further processing required.
None of the components exceeds 1″
in actual thickness or 83″ in length.
• Radius–cut box–spring-frame
components, not exceeding 1″ in
actual thickness or 83″ in length,
ready for assembly without further
processing. The radius cuts must be
present on both ends of the boards
and must be substantial cuts so as
to completely round one corner.
• Fence pickets requiring no further
processing and properly classified
under HTSUS 4421.90.70, 1″ or less
in actual thickness, up to 8″ wide,
6′ or less in length, and have finials
or decorative cuttings that clearly
identify them as fence pickets. In
the case of dog–eared fence pickets,
the corners of the boards should be
cut off so as to remove pieces of
wood in the shape of isosceles right
angle triangles with sides
measuring 3⁄4 inch or more.
• U.S. origin lumber shipped to
Canada for minor processing and
imported into the United States, is
excluded from the scope of this
order if the following conditions are
met: 1) the processing occurring in
Canada is limited to kiln–drying,
planing to create smooth–to-size
board, and sanding, and 2) the
importer establishes to U.S.
Customs and Border Protection’s
(CBP) satisfaction that the lumber is
of U.S. origin.1
• Softwood lumber products
contained in single family home
packages or kits,2 regardless of tariff
classification, are excluded from the
scope of the orders if the following
criteria are met:
1. The imported home package or kit
constitutes a full package of the
number of wooden pieces specified
in the plan, design or blueprint
necessary to produce a home of at
1 For further clarification pertaining to this
exclusion, see the additional language concluding
the scope description below.
2 To ensure administrability, we clarified the
language of this exclusion to require an importer
certification and to permit single or multiple entries
on multiple days, as well as instructing importers
to retain and make available for inspection specific
documentation in support of each entry.
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least 700 square feet produced to a
specified plan, design or blueprint;
2. The package or kit must contain all
necessary internal and external
doors and windows, nails, screws,
glue, subfloor, sheathing, beams,
posts, connectors and, if included
in purchase contract, decking, trim,
drywall and roof shingles specified
in the plan, design or blueprint;
3. Prior to importation, the package or
kit must be sold to a retailer of
complete home packages or kits
pursuant to a valid purchase
contract referencing the particular
home design plan or blueprint, and
signed by a customer not affiliated
with the importer;
4. The whole package must be
imported under a single
consolidated entry when permitted
by CBP, whether or not on a single
or multiple trucks, rail cars or other
vehicles, which shall be on the
same day except when the home is
over 2,000 square feet;
5. The following documentation must
be included with the entry
documents:
• a copy of the appropriate home
design, plan, or blueprint matching
the entry;
• a purchase contract from a retailer
of home kits or packages signed by
a customer not affiliated with the
importer;
• a listing of inventory of all parts of
the package or kit being entered that
conforms to the home design
package being entered;
• in the case of multiple shipments on
the same contract, all items listed
immediately above which are
included in the present shipment
shall be identified as well.
We have determined that the
excluded products listed above are
outside the scope of this order provided
the specified conditions are met.
Lumber products that CBP may classify
as stringers, radius cut box–spring-frame
components, and fence pickets, not
conforming to the above requirements,
as well as truss components, pallet
components, and door and window
frame parts, are covered under the scope
of this order and may be classified
under HTSUS subheadings
4418.90.40.90, 4421.90.70.40, and
4421.90.98.40. Due to changes in the
2002 HTSUS whereby subheading
4418.90.40.90 and 4421.90.98.40 were
changed to 4418.90.45.90 and
4421.90.97.40, respectively, we are
adding these subheadings as well.
In addition, this scope language has
been further clarified to now specify
that all softwood lumber products
entered from Canada claiming non–
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subject status based on U.S. country of
origin will be treated as non–subject
U.S.-origin merchandise under the
antidumping and countervailing duty
orders, provided that these softwood
lumber products meet the following
condition: upon entry, the importer,
exporter, Canadian processor and/or
original U.S. producer establish to CBP’s
satisfaction that the softwood lumber
entered and documented as U.S.-origin
softwood lumber was first produced in
the United States as a lumber product
satisfying the physical parameters of the
softwood lumber scope.3 The
presumption of non–subject status can,
however, be rebutted by evidence
demonstrating that the merchandise was
substantially transformed in Canada.
Initiation and Preliminary Results
Pursuant to section 751(b)(1) of 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 Doman Entities
transferred all of their assets to a new
operating group of companies known as
WFP. 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 WFP’s submission.
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)
3 See the scope clarification message (3034202),
dated February 3, 2003, to CBP, regarding treatment
of U.S.-origin lumber on file in the Central Records
Unit, Room B-099 of the main Commerce Building.
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37329
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 Antidumping Duty 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 May 27, 2005, submission, WFP
states that the Doman Entities
reorganized and transferred all of their
assets to the WFP Entities, and that WFP
and its subsidiaries are the identical
companies to the Doman Entities. As
such, WFP states that the companies’
management, production facilities and
customer/supplier relationships have
not changed. To support its claims, WFP
submitted numerous documents,
including: (1) the Doman Entities’ Plan
of Compromise and Arrangement; (2)
the Doman Entities’ Asset Transfer
Agreement; (3) copies of Certificate of
Amendment documents amending the
names of the Doman Entities to WFP
Entities; (4) copies of share certificates
showing Doman Entities shares
transferred to WFP; (5) corporate
structure chart of Doman before the pre–
plan implementation and current
structure chart of WFP; (6) WFP’s
overview presentation on its current
business structure and operations given
at the 2005 CIBC World Markets
Conference and; (7) customer lists for
the pre- and post–plan implementation
period.
Based on the information submitted
by WFP, we preliminarily find that WFP
and its subsidiaries are the successor–
in-interest to the Doman Entities. Based
on the evidence reviewed, we find that
WFP and its subsidiaries operate as the
same business entities as the Doman
Entities and that the companies’ senior
management, production facilities,
supplier relationships, and customers
have not changed. Thus, we
preliminarily find that WFP and its
subsidiaries should receive the same
antidumping duty cash–deposit rate
(i.e., 3.78 percent) with respect to the
subject merchandise as the Doman
Entities, its predecessor companies.
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Federal Register / Vol. 70, No. 124 / Wednesday, June 29, 2005 / Notices
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 WFP 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
CBP to suspend shipments of subject
merchandise made by the WFP Entities
at the Doman Entities’ cash deposit rate
(i.e., 3.78 percent). Until that time, the
cash deposit rate assigned to WFP’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 30 days of publication of
this notice. See 19 CFR 351.310(c). A
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 30 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
37 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.
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Dated: June 23, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import
Administration.
[FR Doc. E5–3394 Filed 6–28–05; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
[C–122–839]
Notice of Extension of Time Limit for
Final Results of Countervailing Duty
New Shipper Review: Certain Softwood
Lumber Products from Canada
Import Administration,
International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: June 29, 2005.
FOR FURTHER INFORMATION CONTACT:
Kristen Johnson, AD/CVD Operations,
Office 3, Import Administration,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue, NW,
Washington, DC 20230; telephone (202)
482–4793.
SUPPLEMENTARY INFORMATION:
AGENCY:
Statutory Time Limits
Section 751(a)(2)(B)(iv) of the Tariff
Act of 1930, as amended (the Act),
requires the Department of Commerce
(the Department) to issue the final
results of a new shipper review within
90 days after the date the preliminary
results are issued. However, if the
Department determines that the case is
extraordinarily complicated, section
751(a)(2)(B)(iv) of the Act allows the
Department to extend the 90-day
deadline for the final results to 150
days.
Background
On July 8, 2004, the Department
initiated a new shipper review relating
to the countervailing duty order on
certain softwood lumber products from
Canada, covering the period January 1,
2003, through December 31, 2003. See
Certain Softwood Lumber Products
From Canada: Notice of Initiation of
Antidumping Duty New Shipper Review
for the Period May 1, 2003, through
April 30, 2004, and Notice of Initiation
of Countervailing Duty New Shipper
Review for the Period January 1, 2003,
through December 31, 2003, 69 FR
41229 (July 8, 2004).1 The respondent in
this review is Seed Timber Co. Ltd.
1 Seed Timber’s antidumping new shipper review
was subsequently rescinded as a result of the
company’s withdrawal of its request for a review
(69 FR 54766, September 10, 2004).
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(Seed Timber). The Department
completed the preliminary results of
this new shipper review on April 26,
2005. See Certain Softwood Lumber
Products From Canada: Preliminary
Results of Countervailing Duty New
Shipper Review, 70 FR 22848 (May 3,
2005). The current deadline for the final
results is July 25, 2005.
Extension of Time Limits for Final
Results
Pursuant to section 751(a)(2)(B)(iv) of
the Act, the Department may extend the
deadline for completion of the final
results of a new shipper review if the
case is extraordinarily complicated. The
Department determines that this review
is extraordinarily complicated and
cannot be completed within the
statutory time limit of 90 days because
of the complexity of issues that
interested parties raised in case briefs
concerning the Department’s applied
benefit methodology.2 Therefore, in
accordance with section 751(a)(2)(B)(iv)
of the Act and section 351.214(i)(2) of
the Department’s regulations, the
Department is extending the time limit
for completion of the final results to 150
days. The final results are now due no
later than September 23, 2005.
This notice is published pursuant to
sections 751(a)(2)(B) and 777(i)(1) of the
Act.
Dated: June 17, 2005.
Barbara E. Tillman,
Acting Deputy Assistant Secretary for Import
Administration.
[FR Doc. E5–3395 Filed 6–28–05; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
National Institute of Standards and
Technology
Proposed Information Collection;
Comment Request; National Voluntary
Conformity Assessment System
Evaluation (NVCASE) Program
ACTION:
Notice.
SUMMARY: The Department of Commerce
(DOC), as part of its continuing effort to
reduce paperwork and respondent
burden, invites the general public and
other Federal agencies to comment on
the continuing and proposed
information collection, as required by
the Paperwork Reduction Act of 1995,
Public Law 104–13 (44 U.S.C.
3506(c)(2)(A)).
2 Case briefs were submitted to the Department on
June 2, 2005.
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]]>Agencies
[Federal Register Volume 70, Number 124 (Wednesday, June 29, 2005)]
[Notices]
[Pages 37327-37330]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-3394]
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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: Western Forest Products Inc. (WFP) has requested a changed
circumstances review of the antidumping duty order on certain
[[Page 37328]]
softwood lumber products from Canada pursuant to section 751(b)(1) of
the Tariff Act of 1930, as amended (the Act) and 19 CFR 351.216(b). The
Department of Commerce (the Department) is initiating this changed
circumstances review and issuing this notice of preliminary results
pursuant to 19 CFR 351.221(c)(3)(ii). We have preliminarily determined
that WFP and its subsidiaries, WFP Products Limited, WFP Western Lumber
Ltd., and WFP Lumber Sales Limited (collectively, ``the WFP
Entities''), are the successor-in-interest to Doman Industries Limited,
Doman Forest Products Limited, and Doman Western Lumber Ltd.
(collectively, ``the Doman Entities'').
EFFECTIVE DATE: June 29, 2005.
FOR FURTHER INFORMATION CONTACT: Constance Handley 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-
0631 or (202) 482-5823, respectively.
SUPPLEMENTARY INFORMATION:
Background
On January 24, 2005, the Department issued the amended final
results of the antidumping duty administrative review on certain
softwood lumber products from Canada. See Notice of Amended Final
Results Antidumping Duty Administrative Review: Certain Softwood Lumber
Products From Canada, 70 FR 3358 (January 24, 2005). On May 27, 2005,
WFP requested that the Department initiate and conduct an expedited
changed circumstances review, in accordance with section 351.216 of the
Department's regulations, to confirm that WFP and its subsidiaries are
the successor-in-interest to the Doman Entities. In its request, WFP
stated that the Doman Entities reorganized and transferred all of their
assets to a new operating group known as WFP on July 27, 2004, and
provided supporting documentation.
Scope of the Order
The products covered by this order are softwood lumber, flooring
and siding (softwood lumber products). Softwood lumber products include
all products classified under headings 4407.1000, 4409.1010, 4409.1090,
and 4409.1020, respectively, of the Harmonized Tariff Schedule of the
United States (HTSUS), and any softwood lumber, flooring and siding
described below. These softwood lumber products include:
(1) coniferous wood, sawn or chipped lengthwise, sliced or peeled,
whether or not planed, sanded or finger-jointed, of a thickness
exceeding six millimeters;
(2) coniferous wood siding (including strips and friezes for
parquet flooring, not assembled) continuously shaped (tongued, grooved,
rabbeted, chamfered, v-jointed, beaded, molded, rounded or the like)
along any of its edges or faces, whether or not planed, sanded or
finger-jointed;
(3) other coniferous wood (including strips and friezes for parquet
flooring, not assembled) continuously shaped (tongued, grooved,
rabbeted, chamfered, v-jointed, beaded, molded, rounded or the like)
along any of its edges or faces (other than wood moldings and wood
dowel rods) whether or not planed, sanded or finger-jointed; and
(4) coniferous wood flooring (including strips and friezes for
parquet flooring, not assembled) continuously shaped (tongued, grooved,
rabbeted, chamfered, v-jointed, beaded, molded, rounded or the like)
along any of its edges or faces, whether or not planed, sanded or
finger-jointed.
Although the HTSUS subheadings are provided for convenience and
customs purposes, the written description of the merchandise under
investigation is dispositive. Preliminary scope exclusions and
clarifications were published in three separate Federal Register
notices.
Softwood lumber products excluded from the scope:
trusses and truss kits, properly classified under HTSUS
4418.90
I-joist beams
assembled box spring frames
pallets and pallet kits, properly classified under HTSUS
4415.20
garage doors
edge-glued wood, properly classified under HTSUS
4421.90.97.40 (formerly HTSUS 4421.90.98.40)
properly classified complete door frames
properly classified complete window frames
properly classified furniture
Softwood lumber products excluded from the scope only if they meet
certain requirements:
Stringers (pallet components used for runners): if they
have at least two notches on the side, positioned at equal distance
from the center, to properly accommodate forklift blades, properly
classified under HTSUS 4421.90.97.40 (formerly HTSUS 4421.90.98.40).
Box-spring frame kits: if they contain the following
wooden pieces - two side rails, two end (or top) rails and varying
numbers of slats. The side rails and the end rails should be radius-cut
at both ends. The kits should be individually packaged, they should
contain the exact number of wooden components needed to make a
particular box spring frame, with no further processing required. None
of the components exceeds 1'' in actual thickness or 83'' in length.
Radius-cut box-spring-frame components, not exceeding 1''
in actual thickness or 83'' in length, ready for assembly without
further processing. The radius cuts must be present on both ends of the
boards and must be substantial cuts so as to completely round one
corner.
Fence pickets requiring no further processing and properly
classified under HTSUS 4421.90.70, 1'' or less in actual thickness, up
to 8'' wide, 6' or less in length, and have finials or decorative
cuttings that clearly identify them as fence pickets. In the case of
dog-eared fence pickets, the corners of the boards should be cut off so
as to remove pieces of wood in the shape of isosceles right angle
triangles with sides measuring \3/4\ inch or more.
U.S. origin lumber shipped to Canada for minor processing
and imported into the United States, is excluded from the scope of this
order if the following conditions are met: 1) the processing occurring
in Canada is limited to kiln-drying, planing to create smooth-to-size
board, and sanding, and 2) the importer establishes to U.S. Customs and
Border Protection's (CBP) satisfaction that the lumber is of U.S.
origin.\1\
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\1\ For further clarification pertaining to this exclusion, see
the additional language concluding the scope description below.
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Softwood lumber products contained in single family home
packages or kits,\2\ regardless of tariff classification, are excluded
from the scope of the orders if the following criteria are met:
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\2\ To ensure administrability, we clarified the language of
this exclusion to require an importer certification and to permit
single or multiple entries on multiple days, as well as instructing
importers to retain and make available for inspection specific
documentation in support of each entry.
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1. The imported home package or kit constitutes a full package of
the number of wooden pieces specified in the plan, design or blueprint
necessary to produce a home of at
[[Page 37329]]
least 700 square feet produced to a specified plan, design or
blueprint;
2. The package or kit must contain all necessary internal and
external doors and windows, nails, screws, glue, subfloor, sheathing,
beams, posts, connectors and, if included in purchase contract,
decking, trim, drywall and roof shingles specified in the plan, design
or blueprint;
3. Prior to importation, the package or kit must be sold to a
retailer of complete home packages or kits pursuant to a valid purchase
contract referencing the particular home design plan or blueprint, and
signed by a customer not affiliated with the importer;
4. The whole package must be imported under a single consolidated
entry when permitted by CBP, whether or not on a single or multiple
trucks, rail cars or other vehicles, which shall be on the same day
except when the home is over 2,000 square feet;
5. The following documentation must be included with the entry
documents:
a copy of the appropriate home design, plan, or blueprint
matching the entry;
a purchase contract from a retailer of home kits or
packages signed by a customer not affiliated with the importer;
a listing of inventory of all parts of the package or kit
being entered that conforms to the home design package being entered;
in the case of multiple shipments on the same contract,
all items listed immediately above which are included in the present
shipment shall be identified as well.
We have determined that the excluded products listed above are
outside the scope of this order provided the specified conditions are
met. Lumber products that CBP may classify as stringers, radius cut
box-spring-frame components, and fence pickets, not conforming to the
above requirements, as well as truss components, pallet components, and
door and window frame parts, are covered under the scope of this order
and may be classified under HTSUS subheadings 4418.90.40.90,
4421.90.70.40, and 4421.90.98.40. Due to changes in the 2002 HTSUS
whereby subheading 4418.90.40.90 and 4421.90.98.40 were changed to
4418.90.45.90 and 4421.90.97.40, respectively, we are adding these
subheadings as well.
In addition, this scope language has been further clarified to now
specify that all softwood lumber products entered from Canada claiming
non-subject status based on U.S. country of origin will be treated as
non-subject U.S.-origin merchandise under the antidumping and
countervailing duty orders, provided that these softwood lumber
products meet the following condition: upon entry, the importer,
exporter, Canadian processor and/or original U.S. producer establish to
CBP's satisfaction that the softwood lumber entered and documented as
U.S.-origin softwood lumber was first produced in the United States as
a lumber product satisfying the physical parameters of the softwood
lumber scope.\3\ The presumption of non-subject status can, however, be
rebutted by evidence demonstrating that the merchandise was
substantially transformed in Canada.
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\3\ See the scope clarification message (3034202), dated
February 3, 2003, to CBP, regarding treatment of U.S.-origin lumber
on file in the Central Records Unit, Room B-099 of the main Commerce
Building.
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Initiation and Preliminary Results
Pursuant to section 751(b)(1) of 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 Doman Entities
transferred all of their assets to a new operating group of companies
known as WFP. 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 WFP's submission.
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
Antidumping Duty 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 May 27, 2005, submission, WFP states that the Doman Entities
reorganized and transferred all of their assets to the WFP Entities,
and that WFP and its subsidiaries are the identical companies to the
Doman Entities. As such, WFP states that the companies' management,
production facilities and customer/supplier relationships have not
changed. To support its claims, WFP submitted numerous documents,
including: (1) the Doman Entities' Plan of Compromise and Arrangement;
(2) the Doman Entities' Asset Transfer Agreement; (3) copies of
Certificate of Amendment documents amending the names of the Doman
Entities to WFP Entities; (4) copies of share certificates showing
Doman Entities shares transferred to WFP; (5) corporate structure chart
of Doman before the pre-plan implementation and current structure chart
of WFP; (6) WFP's overview presentation on its current business
structure and operations given at the 2005 CIBC World Markets
Conference and; (7) customer lists for the pre- and post-plan
implementation period.
Based on the information submitted by WFP, we preliminarily find
that WFP and its subsidiaries are the successor-in-interest to the
Doman Entities. Based on the evidence reviewed, we find that WFP and
its subsidiaries operate as the same business entities as the Doman
Entities and that the companies' senior management, production
facilities, supplier relationships, and customers have not changed.
Thus, we preliminarily find that WFP and its subsidiaries should
receive the same antidumping duty cash-deposit rate (i.e., 3.78
percent) with respect to the subject merchandise as the Doman Entities,
its predecessor companies.
[[Page 37330]]
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 WFP 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 CBP to suspend shipments
of subject merchandise made by the WFP Entities at the Doman Entities'
cash deposit rate (i.e., 3.78 percent). Until that time, the cash
deposit rate assigned to WFP'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 30 days of
publication of this notice. See 19 CFR 351.310(c). A 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 30 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 37 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: June 23, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. E5-3394 Filed 6-28-05; 8:45 am]
BILLING CODE 3510-DS-S
