Notice of Initiation of Antidumping Duty Changed Circumstances Review: Certain Softwood Lumber Products from Canada, 39661-39663 [E6-11059]

Download as PDF Federal Register / Vol. 71, No. 134 / Thursday, July 13, 2006 / Notices sroberts on PROD1PC70 with NOTICES petitioner or other interested parties provide to the Department a reasonable basis to believe or suspect that the products are being utilized in a covered application. If such information is provided, the Department will require end-use certification only for the product(s) (or specification(s)) for which evidence is provided that such products are being used in a covered application as described above. For example, if, based on evidence provided by petitioner, the Department finds a reasonable basis to believe or suspect that seamless pipe produced to the A– 335 specification is being used in an A– 106 application, it will require end-use certifications for imports of that specification. Normally, the Department will require only the importer of record to certify to the end-use of the imported merchandise. If it later proves necessary for adequate implementation, the Department may also require producers who export such products to the United States to provide such certification on invoices accompanying shipments to the United States. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the merchandise subject to this scope is dispositive. Rescission of Administrative Review On April 3, 2006, the Department published in the Federal Register its intent to rescind the administrative review. See Notice of Intent to Rescind, 71 FR 16556. In that notice we stated that, based on our shipment data query and examination of entry documents (see Memorandum dated November 9, 2005, entitled ‘‘Memorandum to File: Internal Customs Data Query’’), we should treat TAMSA as a non-shipper and, in accordance with section 351.213(d)(3) of the Department’s regulations, rescind this review. We invited interested parties to comment on our intent to rescind the administrative review. No comments were submitted. Consequently, the Department continues to treat TAMSA as a nonshipper for the purpose of this review. Therefore, in accordance with section 351.213(d)(3) of the Department’s regulations, and consistent with our practice, we are rescinding this review because TAMSA was the only company for which a review was requested and we have determined that TAMSA did not have entries of subject merchandise manufactured, produced or exported by TAMSA during the POR. See, e.g., Polychloroprene Rubber from Japan: Notice of Rescission of Antidumping Duty Administrative Review, 66 FR 45005 (August 27, 2001). VerDate Aug<31>2005 17:46 Jul 12, 2006 Jkt 208001 We are issuing this notice in accordance with section 751(a)(1)(4) of the Tariff Act of 1930, as amended, and section 351.213(d) of the Department’s regulations. Dated: July 7, 2006. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration. [FR Doc. E6–11061 Filed 7–12–06; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration A–122–838 Notice of Initiation of Antidumping Duty Changed Circumstances Review: Certain Softwood Lumber Products from Canada Import Administration, International Trade Administration, Department of Commerce. SUMMARY: In response to a request from Taiga Building Products Ltd., the Department of Commerce is initiating a changed circumstances review of the antidumping duty order on Certain Softwood Lumber Products from Canada. AGENCY: EFFECTIVE DATE: July 13, 2006. FOR FURTHER INFORMATION CONTACT: Saliha Loucif or Constance Handley, 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) 482–1779 or (202) 482– 0631, 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 FR 36067 (May 22, 2002). On June 14, 2006, Taiga Building Products Ltd. requested that the Department of Commerce (the Department) conduct a changed circumstances review, stating that it changed its name to Taiga Building Products Ltd. from Taiga Forest Products on January 6, 2006, and providing supporting documentation. In accordance with sections 351.216 and 351.221of the Department’s regulations, the Department is initiating this review to confirm whether Taiga Building PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 39661 Products Ltd. is the successor–ininterest to Taiga Forest Products. 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 subheadings 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 mouldings 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 U.S. Customs purposes, the written description of the merchandise subject to this order is dispositive. As specifically stated in the Issues and Decision Memorandum accompanying the Notice of Final Determination of Sales at Less Than Fair Value: Certain Softwood Lumber Products from Canada, 67 FR 15539 (April 2, 2002) (see comment 53, item D, page 116, and comment 57, item B–7, page 126), available at www.ia.ita.doc.gov/frn, drilled and notched lumber and angle cut lumber are covered by the scope of this order. The following softwood lumber products are excluded from the scope of E:\FR\FM\13JYN1.SGM 13JYN1 39662 Federal Register / Vol. 71, No. 134 / Thursday, July 13, 2006 / Notices sroberts on PROD1PC70 with NOTICES this order provided they meet the specified requirements detailed below: (1) 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. (2) 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. (3) 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. (4) 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. (5) 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) if the importer establishes to the satisfaction of CBP that the lumber is of U.S. origin. (6) Softwood lumber products contained in single family home packages or kits1, regardless of tariff classification, are excluded from the scope of this order if the importer certifies to items 6 A, B, C, D, and 1 To ensure administrability, we clarified the language of exclusion number 6 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. VerDate Aug<31>2005 18:36 Jul 12, 2006 Jkt 208001 requirement 6 E is met: A. 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 least 700 square feet produced to a specified plan, design or blueprint; B. The package or kit must contain all necessary internal and external doors and windows, nails, screws, glue, sub floor, sheathing, beams, posts, connectors, and if included in the purchase contract, decking, trim, drywall and roof shingles specified in the plan, design or blueprint; C. 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; D. Softwood lumber products entered as part of a single family home package or kit, whether in a single entry or multiple entries on multiple days, will be used solely for the construction of the single family home specified by the home design matching the entry. E. For each entry, the following documentation must be retained by the importer and made available to CBP upon request: i. A copy of the appropriate home design, plan, or blueprint matching the entry; ii. A purchase contract from a retailer of home kits or packages signed by a customer not affiliated with the importer; iii. A listing of inventory of all parts of the package or kit being entered that conforms to the home design package being entered; iv. In the case of multiple shipments on the same contract, all items listed in E(iii) which are included in the present shipment shall be identified as well. 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 4418.90.45.90, 4421.90.70.40, and 4421.90.97.40. Finally, as clarified throughout the course of the investigation, the following products, previously identified as Group A, remain outside the scope of this order. They are: PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 1. Trusses and truss kits, properly classified under HTSUS 4418.90; 2. I–joist beams; 3. Assembled box spring frames; 4. Pallets and pallet kits, properly classified under HTSUS 4415.20; 5. Garage doors; 6. Edge–glued wood, properly classified under HTSUS 4421.90.97.40; 7. Properly classified complete door frames; 8. Properly classified complete window frames; and 9. Properly classified furniture. In addition, this scope language was further clarified to 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 countervailing duty order, 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.2 The presumption of non–subject status can, however, be rebutted by evidence demonstrating that the merchandise was substantially transformed in Canada. On March 3, 2006, the Department issued a scope ruling that any product entering under HTSUS 4409.10.05 which is continually shaped along its end and/or side edges which otherwise conforms to the written definition of the scope is within the scope of the order.3 Initiation 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 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 antidumping order. As indicated in the Background section, we have received information indicating that Taiga Forest 2 See the scope clarification message (# 3034202), dated February 3, 2003, to CBP, regarding treatment of U.S. origin lumber on file in Room B-099 of the Central Records Unit (CRU) of the Main Commerce Building. 3 See Memorandum from Constance Handley, Program Manager, to Stephen J. Claeys, Deputy Assistant Secretary regarding Scope Request by the Petitioner Regarding Entries Made Under HTSUS 4409.10.05, dated March 3, 2006. E:\FR\FM\13JYN1.SGM 13JYN1 sroberts on PROD1PC70 with NOTICES Federal Register / Vol. 71, No. 134 / Thursday, July 13, 2006 / Notices Products has changed its name to Taiga Building Products Ltd. 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 Taiga Building Products Ltd.’s submission. 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. See, e.g., 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 June 14, 2006, submission, Taiga Building Products Ltd. argues that it changed its name to Taiga Building Products Ltd. from Taiga Forest Products, and that the company’s ownership, senior management, operations, supplier/customer relationships, and facilities have not changed. As such, Taiga Building Products Ltd. is, for all intents and purposes, operating in the exact same manner as Taiga Forest Products. To support its claims, Taiga Building Products Ltd. submitted documentation, including: (1) a name change registration form; (2) a Certificate of Amalgamation issued by the Government of British Columbia; (3) a sample letter from Taiga Building Products Ltd. to its customers; and (4) Taiga Building Products Ltd.’s annual report to shareholders for the fiscal year ending March 31, 2006. After the initiation of the review, the Department will issue a questionnaire requesting additional factual information for the review in VerDate Aug<31>2005 17:46 Jul 12, 2006 Jkt 208001 accordance with 19 CFR 351.221(b)(2). The Department will publish in the Federal Register a notice of preliminary results of changed circumstances review which will set forth the factual and legal conclusions upon which our preliminary results are based, and a description of any action proposed based on those results in accordance with 19 CFR 351.221(b)(4) and 19 CFR 351.221(c)(3)(i). Pursuant to 19 CFR 351.221(b)(4)(ii), interested parties will have an opportunity to comment on the preliminary results of the review. The Department will issue its final results of review within 270 days after the date on which the changed circumstances review is initiated, in accordance with 19 CFR 351.216(e), and will publish these results in the Federal Register. The current requirement for a cash deposit of estimated antidumping duties on all subject merchandise will continue unless and until it is modified pursuant to the final results of this changed circumstances review. This notice is in accordance with section 751(b)(1) of the Act and 19 CFR 351.216 and 351.221 of the Department’s regulations. Dated: July 7, 2006. Joseph A. Spetrini, Acting Assistant Secretary for Import Administration. [FR Doc. E6–11059 Filed 7–12–03; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration [A–583–816] Certain Stainless Steel Butt–Weld Pipe Fittings From Taiwan: Preliminary Results of Antidumping Duty Administrative Review and Notice of Intent to Rescind in Part Import Administration, International Trade Administration, Department of Commerce. SUMMARY: In response to requests from respondent Ta Chen Stainless Pipe Co., Ltd. (Ta Chen) and from petitioners Flowline Division of Markovitz Enterprises, Inc. (Flowline Division), Gerlin, Inc., Shaw Alloy Piping Products, Inc., and Taylor Forge Stainless, Inc., (collectively, petitioners), the Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on certain stainless steel butt–weld pipe fittings (pipe fittings) from Taiwan. Petitioners requested that the Department conduct the administrative review for Ta Chen, AGENCY: PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 39663 Liang Feng Stainless Steel Fitting Co., Ltd. (Liang Feng), Tru–Flow Industrial Co., Ltd. (Tru–Flow), Censor International Corporation (Censor), and PFP Taiwan Co., Ltd. (PFP). With regard to Ta Chen, we preliminarily determine that sales have been made below normal value (NV). On September 1, 2005, Tru–Flow, Liang Feng, Censor, and PFP certified that they had no sales or shipments of subject merchandise to the United States during the period of review (POR). Based on Tru–Flow’s, Liang Feng’s, Censor’s, and PFP’s certified statements and on information from U.S. Customs and Border Protection (CBP) indicating that these companies had no shipments to the United States of the subject merchandise during the POR, we hereby give notice that we intend to rescind the review regarding these four companies. For a full discussion of the intent to rescind with respect to Liang Feng, Tru–Flow, Censor and PFP, see the ‘‘Notice of Intent to Rescind in Part’’ section of this notice. If these preliminary results of review of Ta Chen’s sales are adopted in the final results, we will instruct CBP to assess antidumping duties on appropriate entries based on the difference between the constructed export price (CEP) and the NV. Interested parties are invited to comment on these preliminary results. Parties who submit comments in this proceeding are requested to submit with the argument: (1) A statement of the issues, (2) a brief summary of the argument, and (3) a table of authorities. EFFECTIVE DATE: July 13, 2006. FOR FURTHER INFORMATION CONTACT: Helen Kramer or Judy Lao, AD/CVD Operations, Office 7, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482–0405 or (202) 482– 7924, respectively. SUPPLEMENTARY INFORMATION: Background On June 16, 1993, the Department published in the Federal Register the antidumping duty order on pipe fittings from Taiwan. See Amended Final Determination and Antidumping Duty Order: Certain Stainless Steel Butt–Weld Pipe and Tube Fittings from Taiwan, 58 FR 33250 (June 16, 1993). On June 1, 2005, the Department published a notice of opportunity to request administrative review for the period June 1, 2004, through May 31, 2005. See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; E:\FR\FM\13JYN1.SGM 13JYN1

Agencies

[Federal Register Volume 71, Number 134 (Thursday, July 13, 2006)]
[Notices]
[Pages 39661-39663]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-11059]


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DEPARTMENT OF COMMERCE

International Trade Administration

A-122-838


Notice of Initiation 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 Taiga Building Products Ltd., 
the Department of Commerce is initiating a changed circumstances review 
of the antidumping duty order on Certain Softwood Lumber Products from 
Canada.

EFFECTIVE DATE: July 13, 2006.

FOR FURTHER INFORMATION CONTACT: Saliha Loucif or Constance Handley, 
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-
1779 or (202) 482-0631, 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 FR 36067 
(May 22, 2002). On June 14, 2006, Taiga Building Products Ltd. 
requested that the Department of Commerce (the Department) conduct a 
changed circumstances review, stating that it changed its name to Taiga 
Building Products Ltd. from Taiga Forest Products on January 6, 2006, 
and providing supporting documentation. In accordance with sections 
351.216 and 351.221of the Department's regulations, the Department is 
initiating this review to confirm whether Taiga Building Products Ltd. 
is the successor-in-interest to Taiga Forest Products.

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 subheadings 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 mouldings 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 
U.S. Customs purposes, the written description of the merchandise 
subject to this order is dispositive.
    As specifically stated in the Issues and Decision Memorandum 
accompanying the Notice of Final Determination of Sales at Less Than 
Fair Value: Certain Softwood Lumber Products from Canada, 67 FR 15539 
(April 2, 2002) (see comment 53, item D, page 116, and comment 57, item 
B-7, page 126), available at www.ia.ita.doc.gov/frn, drilled and 
notched lumber and angle cut lumber are covered by the scope of this 
order.
    The following softwood lumber products are excluded from the scope 
of

[[Page 39662]]

this order provided they meet the specified requirements detailed 
below:
    (1) 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.
    (2) 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.
    (3) 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.
    (4) 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.
    (5) 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) if the importer establishes to the 
satisfaction of CBP that the lumber is of U.S. origin.
    (6) Softwood lumber products contained in single family home 
packages or kits\1\, regardless of tariff classification, are excluded 
from the scope of this order if the importer certifies to items 6 A, B, 
C, D, and requirement 6 E is met:
---------------------------------------------------------------------------

    \1\ To ensure administrability, we clarified the language of 
exclusion number 6 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.
---------------------------------------------------------------------------

    A. 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 least 700 square feet produced to a 
specified plan, design or blueprint;
    B. The package or kit must contain all necessary internal and 
external doors and windows, nails, screws, glue, sub floor, sheathing, 
beams, posts, connectors, and if included in the purchase contract, 
decking, trim, drywall and roof shingles specified in the plan, design 
or blueprint;
    C. 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;
    D. Softwood lumber products entered as part of a single family home 
package or kit, whether in a single entry or multiple entries on 
multiple days, will be used solely for the construction of the single 
family home specified by the home design matching the entry.
    E. For each entry, the following documentation must be retained by 
the importer and made available to CBP upon request:
    i. A copy of the appropriate home design, plan, or blueprint 
matching the entry;
    ii. A purchase contract from a retailer of home kits or packages 
signed by a customer not affiliated with the importer;
    iii. A listing of inventory of all parts of the package or kit 
being entered that conforms to the home design package being entered;
    iv. In the case of multiple shipments on the same contract, all 
items listed in E(iii) which are included in the present shipment shall 
be identified as well.
    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 4418.90.45.90, 4421.90.70.40, 
and 4421.90.97.40.
    Finally, as clarified throughout the course of the investigation, 
the following products, previously identified as Group A, remain 
outside the scope of this order. They are:
    1. Trusses and truss kits, properly classified under HTSUS 4418.90;
    2. I-joist beams;
    3. Assembled box spring frames;
    4. Pallets and pallet kits, properly classified under HTSUS 
4415.20;
    5. Garage doors;
    6. Edge-glued wood, properly classified under HTSUS 4421.90.97.40;
    7. Properly classified complete door frames;
    8. Properly classified complete window frames; and
    9. Properly classified furniture.
    In addition, this scope language was further clarified to 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 countervailing duty order, 
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.\2\ The 
presumption of non-subject status can, however, be rebutted by evidence 
demonstrating that the merchandise was substantially transformed in 
Canada.
---------------------------------------------------------------------------

    \2\ See the scope clarification message ( 3034202), 
dated February 3, 2003, to CBP, regarding treatment of U.S. origin 
lumber on file in Room B-099 of the Central Records Unit (CRU) of 
the Main Commerce Building.
---------------------------------------------------------------------------

    On March 3, 2006, the Department issued a scope ruling that any 
product entering under HTSUS 4409.10.05 which is continually shaped 
along its end and/or side edges which otherwise conforms to the written 
definition of the scope is within the scope of the order.\3\
---------------------------------------------------------------------------

    \3\ See Memorandum from Constance Handley, Program Manager, to 
Stephen J. Claeys, Deputy Assistant Secretary regarding Scope 
Request by the Petitioner Regarding Entries Made Under HTSUS 
4409.10.05, dated March 3, 2006.
---------------------------------------------------------------------------

Initiation

    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 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 antidumping order. As indicated in the 
Background section, we have received information indicating that Taiga 
Forest

[[Page 39663]]

Products has changed its name to Taiga Building Products Ltd. 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 Taiga Building Products Ltd.'s submission.
    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. See, 
e.g., 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 June 14, 2006, submission, Taiga Building Products Ltd. 
argues that it changed its name to Taiga Building Products Ltd. from 
Taiga Forest Products, and that the company's ownership, senior 
management, operations, supplier/customer relationships, and facilities 
have not changed. As such, Taiga Building Products Ltd. is, for all 
intents and purposes, operating in the exact same manner as Taiga 
Forest Products. To support its claims, Taiga Building Products Ltd. 
submitted documentation, including: (1) a name change registration 
form; (2) a Certificate of Amalgamation issued by the Government of 
British Columbia; (3) a sample letter from Taiga Building Products Ltd. 
to its customers; and (4) Taiga Building Products Ltd.'s annual report 
to shareholders for the fiscal year ending March 31, 2006.
    After the initiation of the review, the Department will issue a 
questionnaire requesting additional factual information for the review 
in accordance with 19 CFR 351.221(b)(2). The Department will publish in 
the Federal Register a notice of preliminary results of changed 
circumstances review which will set forth the factual and legal 
conclusions upon which our preliminary results are based, and a 
description of any action proposed based on those results in accordance 
with 19 CFR 351.221(b)(4) and 19 CFR 351.221(c)(3)(i). Pursuant to 19 
CFR 351.221(b)(4)(ii), interested parties will have an opportunity to 
comment on the preliminary results of the review. The Department will 
issue its final results of review within 270 days after the date on 
which the changed circumstances review is initiated, in accordance with 
19 CFR 351.216(e), and will publish these results in the Federal 
Register.
    The current requirement for a cash deposit of estimated antidumping 
duties on all subject merchandise will continue unless and until it is 
modified pursuant to the final results of this changed circumstances 
review.
    This notice is in accordance with section 751(b)(1) of the Act and 
19 CFR 351.216 and 351.221 of the Department's regulations.

    Dated: July 7, 2006.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. E6-11059 Filed 7-12-03; 8:45 am]
BILLING CODE 3510-DS-S