Notice of Initiation of Antidumping Duty Changed Circumstances Review: Certain Softwood Lumber Products from Canada, 39661-39663 [E6-11059]
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Federal Register / Vol. 71, No. 134 / Thursday, July 13, 2006 / Notices
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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).
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17:46 Jul 12, 2006
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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
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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
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Federal Register / Vol. 71, No. 134 / Thursday, July 13, 2006 / Notices
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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.
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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:
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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.
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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
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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
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Fmt 4703
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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;
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]]>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.
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\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.
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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\
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\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.
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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
