Certain Softwood Lumber Products from Canada: Notice of Initiation and Preliminary Results of Antidumping Duty Changed Circumstances Review, 22934-22936 [2021-09071]
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22934
Federal Register / Vol. 86, No. 82 / Friday, April 30, 2021 / Notices
wide entity will not be under review
unless a party specifically requests, or
Commerce self-initiates, a review of the
entity. Because no party requested a
review of the China-wide entity, we did
not review the entity in this segment of
the proceeding. Thus, the China-wide
entity’s rate (i.e., 285.63 percent) did not
change.
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
administrative review for shipments of
the subject merchandise from China
entered, or withdrawn from warehouse,
for consumption on or after the
publication date, as provided by section
751(a)(2)(C) of the Act: (1) For the
exporters listed above, the cash deposit
rate will be the rate established in the
final results of this review (except, if the
rate is zero or de minimis, a zero cash
deposit rate will be required for that
company); (2) for previously
investigated or reviewed China and nonChina exporters not listed above that
have separate rates, the cash deposit rate
will continue to be the existing
producer/exporter-specific rate
published for the most recent period; (3)
for all China exporters of subject
merchandise that have not been found
to be eligible for a separate rate, the cash
deposit rate will be the China-wide rate
of 285.63 percent; and (4) for all nonChina exporters of subject merchandise
that have not received their own rate,
the cash deposit rate will be the rate
applicable to the China exporter(s) that
supplied that non-China exporter. These
deposit requirements, when imposed,
shall remain in effect until further
notice.
Disclosure
We intend to disclose the calculations
performed regarding these final results
within five days of the date of
publication of this notice to parties in
this proceeding in accordance with 19
CFR 351.224(b).
jbell on DSKJLSW7X2PROD with NOTICES
Notification to Importers Regarding the
Reimbursement of Duties
This notice serves as a final reminder
to importers of their responsibility
under 19 CFR 351.402(f) to file a
certificate regarding the reimbursement
of antidumping duties prior to
liquidation of the relevant entries
during this POR. Failure to comply with
this requirement could result in
Commerce’s presumption that
reimbursement of antidumping duties
has occurred and the subsequent
assessment of doubled antidumping
duties.
DEPARTMENT OF COMMERCE
Notification Regarding Administrative
Protective Orders
Certain Softwood Lumber Products
from Canada: Notice of Initiation and
Preliminary Results of Antidumping
Duty Changed Circumstances Review
This notice also serves as the only
reminder to parties subject to
administrative protective order (APO) of
their responsibility concerning the
return or destruction of proprietary
information disclosed under APO in
accordance with 19 CFR 351.305(a)(3),
which continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of the return or destruction
of APO materials, or conversion to
judicial protective order, is hereby
requested. Failure to comply with the
regulations and terms of an APO is a
violation which is subject to sanction.
Notification to Interested Parties
We are issuing and publishing these
final results of administrative review in
accordance with sections 751(a)(1) and
777(i)(1) of the Act, and 19 CFR
351.213(h).
Dated: April 26, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary
Determination
V. Discussion of the Issues
Comment 1: Selection of Mexico as the
Primary Surrogate Country Instead of
Malaysia
Comment 2: Adjusting the Mexican Freight
On-Board (FOB) GTA Import Data to a
Cost of Insurance and Freight (CIF) Value
Comment 3: Use of the Mexican Orbia
Financial Statements in the Calculation
of Surrogate Value Financial Ratios
Comment 4: Use of Alternative Mexican
Labor Data
Comment 5: Mexican Surrogate Value for
Natural Gas
Comment 6: Clerical Errors in the
Calculation of Preliminary Dumping
Margin
VI. Recommendation
[FR Doc. 2021–09075 Filed 4–29–21; 8:45 am]
BILLING CODE 3510–DS–P
Conditional Review of the Nonmarket Economy
Entity in NME Antidumping Duty Proceedings, 78
FR 65963 (November 4, 2013).
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International Trade Administration
[A–122–857]
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) is initiating a changed
circumstances review (CCR) to
determine whether Chaleur Forest
Products LP (CFP LP) and Chaleur
Forest Products Inc. (CFP Inc.) are the
successors-in-interest (SIIs) to Chaleur
Sawmills LP (Chaleur LP) and Fornebu
Lumber Co. Inc. (Fornebu Inc.),
respectively, in the context of the
antidumping duty (AD) order on certain
softwood lumber products from Canada.
We preliminarily determine that CFP LP
and CFP Inc. are the SIIs to Chaleur LP
and Fornebu Inc., respectively.
DATES: Applicable April 30, 2021.
FOR FURTHER INFORMATION CONTACT: Eric
B. Greynolds, AD/CVD Operations,
Office III, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 481–6071.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On January 3, 2018, Commerce
published in the Federal Register an AD
order on certain softwood lumber
products from Canada.1 On March 11,
2021, CFP LP and CFP Inc. (collectively
the Chaleur Companies) requested that,
pursuant to section 751(b) of the Tariff
Act of 1930, as amended (the Act), 19
CFR 351.216, and 19 CFR 351.221(c)(3),
Commerce conduct a CCR of the Order
to confirm that CFP LP and CFP Inc. are
the SIIs to Chaleur LP and Fornebu Inc.,
respectively, and accordingly, to assign
them the cash deposit rates of Chaleur
LP and Fornebu Inc.2 In its submission,
the Chaleur Companies state that
Chaleur LP and Fornebu Inc. undertook
name changes to CFP LP and CFP Inc.,
respectively, but are otherwise
unchanged.3 In a March 19, 2021, filing,
the Committee Overseeing Action for
Lumber International Trade
1 See Certain Softwood Lumber Products from
Canada: Antidumping Duty Order and Partial
Amended Final Determination, 83 FR 350 (January
3, 2018) (Order).
2 See Chaleur Companies’ Letter, ‘‘Chaleur’s
Request for Changed Circumstances Reviews,’’
dated March 11, 2021 (CCR Request).
3 Id. at 2–3.
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Federal Register / Vol. 86, No. 82 / Friday, April 30, 2021 / Notices
Investigations or Negotiations
(hereinafter referred to as the petitioner)
argued that Fornebu Inc. was not
eligible to receive a cash deposit rate the
differs from the all-others rate that is
listed in the Order and, thus, argued
that Commerce should refrain from
initiating the CCR.4 In a March 29, 2021,
filing, the Chaleur Companies argue that
Fornebu Inc. is eligible for a CCR and
that Commerce should therefore initiate
and preliminarily determine that CFP
LP and CFP Inc. are the SIIs to Chaleur
LP and Fornebu Inc, respectively.5
jbell on DSKJLSW7X2PROD with NOTICES
Scope of the Order
The merchandise subject to the Order
is certain softwood lumber products.6
The products are currently classified
under the following Harmonized Tariff
Schedule of the United States (HTSUS)
item numbers: 4406.11.0000;
4406.91.0000; 4407.10.01.01;
4407.10.01.02; 4407.10.01.15;
4407.10.01.16; 4407.10.01.17;
4407.10.01.18; 4407.10.01.19;
4407.10.01.20; 4407.10.01.42;
4407.10.01.43; 4407.10.01.44;
4407.10.01.45; 4407.10.01.46;
4407.10.01.47; 4407.10.01.48;
4407.10.01.49; 4407.10.01.52;
4407.10.01.53; 4407.10.01.54;
4407.10.01.55; 4407.10.01.56;
4407.10.01.57; 4407.10.01.58;
4407.10.01.59; 4407.10.01.64;
4407.10.01.65; 4407.10.01.66;
4407.10.01.67; 4407.10.01.68;
4407.10.01.69; 4407.10.01.74;
4407.10.01.75; 4407.10.01.76;
4407.10.01.77; 4407.10.01.82;
4407.10.01.83; 4407.10.01.92;
4407.10.01.93; 4407.11.00.01;
4407.11.00.02; 4407.11.00.42;
4407.11.00.43; 4407.11.00.44;
4407.11.00.45; 4407.11.00.46;
4407.11.00.47; 4407.11.00.48;
4407.11.00.49; 4407.11.00.52;
4407.11.00.53; 4407.12.00.01;
4407.12.00.02; 4407.12.00.17;
4407.12.00.18; 4407.12.00.19;
4407.12.00.20; 4407.12.00.58;
4407.12.00.59; 4407.19.05.00;
4407.19.06.00; 4407.19.10.01;
4407.19.10.02; 4407.19.10.54;
4407.19.10.55; 4407.19.10.56;
4407.19.10.57; 4407.19.10.64;
4407.19.10.65; 4407.19.10.66;
4 See Petitioner’s Letter, ‘‘Response to Chaleur’s
Request for Changed Circumstances Reviews,’’
dated March 19, 2021 at 2.
5 See Chaleur Companies’ Letter, ‘‘Rebuttal to
Petitioner’s Response to Chaleur’s Request for
Changed Circumstances Reviews,’’ dated March 29,
2021 at 2.
6 For a complete description of the Order, see
Memorandum, ‘‘Initiation and Preliminary Results
of Changed Circumstances Review: Preliminary
Decision Memorandum,’’ dated concurrently with
this notice (Initiation and Preliminary Decision
Memorandum).
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4407.19.10.67; 4407.19.10.68;
4407.19.10.69; 4407.19.10.74;
4407.19.10.75; 4407.19.10.76;
4407.19.10.77; 4407.19.10.82;
4407.19.10.83; 4407.19.10.92;
4407.19.10.93; 4409.10.05.00;
4409.10.10.20; 4409.10.10.40;
4409.10.10.60; 4409.10.10.80;
4409.10.20.00; 4409.10.90.20;
4409.10.90.40; 4418.50.0010;
4418.50.0030; 4418.50.0050 and
4418.99.10.00. Although the HTSUS
numbers are provided for convenience
and customs purposes, the written
product description remains dispositive.
Initiation and Preliminary Results of
CCR
Pursuant to section 751(b)(1) of the
Act, Commerce will conduct a CCR
upon receipt of information concerning,
or a request from, an interested party for
a review of an AD order which shows
changed circumstances sufficient to
warrant a review of the order. The
information submitted by the Chaleur
Companies supporting their claim that
CFP LP and CFP Inc. are the SIIs to
Chaleur LP and Fornebu Inc.,
respectively, demonstrates changed
circumstances sufficient to warrant such
a review.7 Therefore, in accordance with
section 751(b)(1)(A) of the Act and 19
CFR 351.216(d) and (e), we are initiating
a CCR based upon the information
contained in Chaleur Companies’
filings.
Section 351.221(c)(3)(ii) of
Commerce’s regulations permits
Commerce to combine the notice of
initiation of a CCR and the notice of
preliminary results if Commerce
concludes that expedited action is
warranted.8 In this instance, because the
record contains 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.9
In this CCR, pursuant to section 751(b)
of the Act, Commerce conducted an SII
analysis. In making a successor-ininterest determination, Commerce
examines several factors, including, but
not limited to, changes in the following:
(1) Management; (2) production
facilities; (3) supplier relationships; and
7 See
19 CFR 351.216(d).
19 CFR 351.221(c)(3)(ii); see also Certain
Pasta from Italy: Initiation and Preliminary Results
of Antidumping Duty Changed Circumstances
Review, 80 FR 33480, 33480–41 (June 12, 2015)
(Pasta from Italy Preliminary Results), unchanged
in Certain Pasta from Italy: Final Results of
Changed Circumstances Review, 80 FR 48807
(August 14, 2015) (Pasta from Italy Final Results).
9 See, e.g., Pasta from Italy Preliminary Results,
80 FR at 33480–41, unchanged in Pasta from Italy
Final Results, 80 FR at 48807.
8 See
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22935
(4) customer base.10 While no single
factor or combination of factors will
necessarily provide a dispositive
indication of a successor-in-interest
relationship, generally, Commerce will
consider the new company to be the
successor to the previous company if
the new company’s resulting operation
is not materially dissimilar to that of its
predecessor.11 Thus, if the record
evidence demonstrates that, with
respect to the production and sale of the
subject merchandise, the new company
operates as the same business entity as
the predecessor company, Commerce
may assign the new company the cash
deposit rate of its predecessor.12
In accordance with 19 CFR 351.216,
we preliminarily determine that CFP LP
and CFP Inc. are the SIIs to Chaleur LP
and Fornebu Inc., respectively. Record
evidence, as submitted by the Chaleur
Companies, indicates that CFP LP and
CFP Inc. operate as essentially the same
business entities as Chaleur LP and
Fornebu Inc., respectively, with respect
to the subject merchandise.13 For the
complete successor-in-interest analysis,
including discussion of business
proprietary information, refer to the
accompanying Initiation and
Preliminary Decision Memorandum.
Commerce will issue its final results of
the review in accordance with the time
limits set forth in 19 CFR 351.216(e).
Public Comment
Pursuant to 19 CFR 351.310(c), any
interested party may request a hearing
within 30 days of publication of this
notice. In accordance with 19 CFR
351.309(c)(1)(ii), interested parties may
submit case briefs not later than 30 days
10 See, e.g., Certain Frozen Warmwater Shrimp
from India: Initiation and Preliminary Results of
Antidumping Duty Changed Circumstances Review,
81 FR 75376 (October 31, 2016) (Shrimp from India
Preliminary Results), unchanged in Certain Frozen
Warmwater Shrimp from India: Notice of Final
Results of Antidumping Duty Changed
Circumstances Review, 81 FR 90774 (December 15,
2016) (Shrimp from India Final Results).
11 See, e.g., Shrimp from India Preliminary
Results, 81 FR at 75377, unchanged in Shrimp from
India Final Results, 81 FR at 90774.
12 Id.; see also Notice of Final Results of Changed
Circumstances Antidumping Duty Administrative
Review: Polychloroprene Rubber from Japan, 67 FR
58, 59 (January 2, 2002); Ball Bearings and Parts
Thereof from France: Final Results of ChangedCircumstances Review, 75 FR 34688, 34689 (June
18, 2010); and Circular Welded Non-Alloy Steel
Pipe from the Republic of Korea; Preliminary
Results of Antidumping Duty Changed
Circumstances Review, 63 FR 14679 (March 26,
1998), unchanged in Circular Welded Non-Alloy
Steel Pipe from Korea; Final Results of
Antidumping Duty Changed Circumstances Review,
63 FR 20572 (April 27, 1998), in which Commerce
found that a company which only changed its name
and did not change its operations is a SII to the
company before it changed its name.
13 See CCR Request.
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Federal Register / Vol. 86, No. 82 / Friday, April 30, 2021 / Notices
after the date of publication of this
notice. Rebuttal briefs, limited to issues
raised in the case briefs, may be filed no
later than seven days after the case
briefs, in accordance with 19 CFR
351.309(d). Parties who submit case or
rebuttal briefs are encouraged to submit
with each argument: (1) a statement of
the issue; (2) a brief summary of the
argument; and (3) a table of
authorities.14 All comments are to be
filed electronically using Enforcement
and Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS)
available to registered users at https://
access.trade.gov, and must also be
served on interested parties. An
electronically filed document must be
received successfully in its entirety by
ACCESS by 5:00 p.m. Eastern Time on
the day it is due.15 Note that Commerce
has temporarily modified certain of its
requirements for serving documents
containing business proprietary
information, until further notice.16
Consistent with 19 CFR 351.216(e),
we will issue the final results of this
CCR 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. This notice is
published in accordance with sections
751(b)(1) and 777(i) of the Act and 19
CFR 351.216(b), 351.221(b) and
351.221(c)(3).
Dated: April 23, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and
Negotiations.
[FR Doc. 2021–09071 Filed 4–29–21; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
National Integrated Drought
Information System (NIDIS) Executive
Council Meeting
National Oceanic and
Atmospheric Administration (NOAA),
Department of Commerce (DOC).
ACTION: Notice of open meeting.
AGENCY:
The National Integrated
Drought Information System (NIDIS)
Program Office will hold a virtual,
organizational meeting of the NIDIS
Executive Council on May 4, 2021.
jbell on DSKJLSW7X2PROD with NOTICES
SUMMARY:
14 See
19 CFR 351.309(c)(2).
19 CFR 351.303(b).
16 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 41363 (July 10, 2020).
15 See
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19:58 Apr 29, 2021
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The meeting will be held
Tuesday, May 4, 2021 from 11:00 a.m.
EST to 2:00 p.m. EST. These times and
the agenda topics are subject to change.
ADDRESSES: The meeting will be held
virtually. To register, please visit:
https://cpaess.ucar.edu/meetings/2021nidis. You must register online to
receive the webcast meeting link and
audio teleconference information for
participation.
DATES:
FOR FURTHER INFORMATION CONTACT:
Veva Deheza, NIDIS Executive Director,
David Skaggs Research Center, Room
GD102, 325 Broadway, Boulder, CO
80305. Phone Number: 303–487–3431;
Email: Veva.Deheza@noaa.gov; or visit
the NIDIS website at www.drought.gov.
SUPPLEMENTARY INFORMATION: The
National Integrated Drought Information
System (NIDIS) was established by
Public Law 109–430 on December 20,
2006, and reauthorized by Public Law
113–86 on March 6, 2014 and Public
Law 115–423 on January 7, 2019 , with
a mandate to provide an effective
drought early warning system for the
United States; coordinate, and integrate
as practicable, Federal research in
support of a drought early warning
system; and build upon existing
forecasting and assessment programs
and partnerships. See 15 U.S.C. 313d.
The Public Law also calls for
consultation with ‘‘relevant Federal,
regional, State, tribal, and local
government agencies, research
institutions, and the private sector’’ in
the development of NIDIS. 15 U.S.C.
313d(c). The NIDIS Executive Council
provides the NIDIS Program Office with
an opportunity to engage in individual
consultation with senior resource
officials from NIDIS’s Federal partners,
as well as leaders from state and local
government, academia,
nongovernmental organizations, and the
private sector.
Status: This meeting will be open to
public participation. Individuals
interested in attending should register at
https://cpaess.ucar.edu/meetings/2021nidis. Please refer to this web page for
the most up-to-date meeting times and
agenda.
Matters to be Considered: The
meeting will include the following
topics: (1) NIDIS implementation
updates and 2021 priorities, including
response to current drought conditions
in the Western United States, (2)
Executive Council member updates
relevant to Climate Adaptation and
Resilience, Drought, Water, and Fire, (3)
Federal Agency Water and Drought
Priorities, Executive Orders, and
Legislative Updates, and (4) NIDIS
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Implementation Plan 2021–2025 as well
as program growth and emerging issues.
Dated: April 21, 2021.
David Holst,
Chief Financial Officer/Administrative
Officer, Office of Oceanic and Atmospheric
Research, National Oceanic and Atmospheric
Administration.
[FR Doc. 2021–09080 Filed 4–29–21; 8:45 am]
BILLING CODE 3510–KB–P
DEPARTMENT OF COMMERCE
United States Patent and Trademark
Office
Agency Information Collection
Activities; Submission to the Office of
Management and Budget (OMB) for
Review and Approval; Comment
Request; Rules for Patent Maintenance
Fees
United States Patent and
Trademark Office, Department of
Commerce.
ACTION: Notice of information collection;
request for comment.
AGENCY:
The United States Patent and
Trademark Office (USPTO), in
accordance with the Paperwork
Reduction Act of 1995, invites
comments on the extension and revision
of an existing information collection:
0651–0016 (Rules for Patent
Maintenance Fees). The purpose of this
notice is to allow 60 days for public
comment preceding submission of the
information collection to OMB.
DATES: To ensure consideration,
comments regarding this information
collection must be received on or before
June 29, 2021.
ADDRESSES: Interested persons are
invited to submit written comments by
any of the following methods. Do not
submit Confidential Business
Information or otherwise sensitive or
protected information.
• Email: InformationCollection@
uspto.gov. Include ‘‘0651–0016
comment’’ in the subject line of the
message.
• Federal Rulemaking Portal: https://
www.regulations.gov.
• Mail: Kimberly Hardy, Office of the
Chief Administrative Officer, United
States Patent and Trademark Office,
P.O. Box 1450, Alexandria, VA 22313–
1450.
FOR FURTHER INFORMATION CONTACT:
Requests for additional information
should be directed to Parikha Mehta,
Patent Examination Policy Advisor,
Office of Patent Legal Administration,
United States Patent and Trademark
Office (USPTO), P.O. Box 1450,
SUMMARY:
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]]>Agencies
[Federal Register Volume 86, Number 82 (Friday, April 30, 2021)]
[Notices]
[Pages 22934-22936]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-09071]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-122-857]
Certain Softwood Lumber Products from Canada: Notice of
Initiation and Preliminary Results of Antidumping Duty Changed
Circumstances Review
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) is initiating a changed
circumstances review (CCR) to determine whether Chaleur Forest Products
LP (CFP LP) and Chaleur Forest Products Inc. (CFP Inc.) are the
successors-in-interest (SIIs) to Chaleur Sawmills LP (Chaleur LP) and
Fornebu Lumber Co. Inc. (Fornebu Inc.), respectively, in the context of
the antidumping duty (AD) order on certain softwood lumber products
from Canada. We preliminarily determine that CFP LP and CFP Inc. are
the SIIs to Chaleur LP and Fornebu Inc., respectively.
DATES: Applicable April 30, 2021.
FOR FURTHER INFORMATION CONTACT: Eric B. Greynolds, AD/CVD Operations,
Office III, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 481-6071.
SUPPLEMENTARY INFORMATION:
Background
On January 3, 2018, Commerce published in the Federal Register an
AD order on certain softwood lumber products from Canada.\1\ On March
11, 2021, CFP LP and CFP Inc. (collectively the Chaleur Companies)
requested that, pursuant to section 751(b) of the Tariff Act of 1930,
as amended (the Act), 19 CFR 351.216, and 19 CFR 351.221(c)(3),
Commerce conduct a CCR of the Order to confirm that CFP LP and CFP Inc.
are the SIIs to Chaleur LP and Fornebu Inc., respectively, and
accordingly, to assign them the cash deposit rates of Chaleur LP and
Fornebu Inc.\2\ In its submission, the Chaleur Companies state that
Chaleur LP and Fornebu Inc. undertook name changes to CFP LP and CFP
Inc., respectively, but are otherwise unchanged.\3\ In a March 19,
2021, filing, the Committee Overseeing Action for Lumber International
Trade
[[Page 22935]]
Investigations or Negotiations (hereinafter referred to as the
petitioner) argued that Fornebu Inc. was not eligible to receive a cash
deposit rate the differs from the all-others rate that is listed in the
Order and, thus, argued that Commerce should refrain from initiating
the CCR.\4\ In a March 29, 2021, filing, the Chaleur Companies argue
that Fornebu Inc. is eligible for a CCR and that Commerce should
therefore initiate and preliminarily determine that CFP LP and CFP Inc.
are the SIIs to Chaleur LP and Fornebu Inc, respectively.\5\
---------------------------------------------------------------------------
\1\ See Certain Softwood Lumber Products from Canada:
Antidumping Duty Order and Partial Amended Final Determination, 83
FR 350 (January 3, 2018) (Order).
\2\ See Chaleur Companies' Letter, ``Chaleur's Request for
Changed Circumstances Reviews,'' dated March 11, 2021 (CCR Request).
\3\ Id. at 2-3.
\4\ See Petitioner's Letter, ``Response to Chaleur's Request for
Changed Circumstances Reviews,'' dated March 19, 2021 at 2.
\5\ See Chaleur Companies' Letter, ``Rebuttal to Petitioner's
Response to Chaleur's Request for Changed Circumstances Reviews,''
dated March 29, 2021 at 2.
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Scope of the Order
The merchandise subject to the Order is certain softwood lumber
products.\6\ The products are currently classified under the following
Harmonized Tariff Schedule of the United States (HTSUS) item numbers:
4406.11.0000; 4406.91.0000; 4407.10.01.01; 4407.10.01.02;
4407.10.01.15; 4407.10.01.16; 4407.10.01.17; 4407.10.01.18;
4407.10.01.19; 4407.10.01.20; 4407.10.01.42; 4407.10.01.43;
4407.10.01.44; 4407.10.01.45; 4407.10.01.46; 4407.10.01.47;
4407.10.01.48; 4407.10.01.49; 4407.10.01.52; 4407.10.01.53;
4407.10.01.54; 4407.10.01.55; 4407.10.01.56; 4407.10.01.57;
4407.10.01.58; 4407.10.01.59; 4407.10.01.64; 4407.10.01.65;
4407.10.01.66; 4407.10.01.67; 4407.10.01.68; 4407.10.01.69;
4407.10.01.74; 4407.10.01.75; 4407.10.01.76; 4407.10.01.77;
4407.10.01.82; 4407.10.01.83; 4407.10.01.92; 4407.10.01.93;
4407.11.00.01; 4407.11.00.02; 4407.11.00.42; 4407.11.00.43;
4407.11.00.44; 4407.11.00.45; 4407.11.00.46; 4407.11.00.47;
4407.11.00.48; 4407.11.00.49; 4407.11.00.52; 4407.11.00.53;
4407.12.00.01; 4407.12.00.02; 4407.12.00.17; 4407.12.00.18;
4407.12.00.19; 4407.12.00.20; 4407.12.00.58; 4407.12.00.59;
4407.19.05.00; 4407.19.06.00; 4407.19.10.01; 4407.19.10.02;
4407.19.10.54; 4407.19.10.55; 4407.19.10.56; 4407.19.10.57;
4407.19.10.64; 4407.19.10.65; 4407.19.10.66; 4407.19.10.67;
4407.19.10.68; 4407.19.10.69; 4407.19.10.74; 4407.19.10.75;
4407.19.10.76; 4407.19.10.77; 4407.19.10.82; 4407.19.10.83;
4407.19.10.92; 4407.19.10.93; 4409.10.05.00; 4409.10.10.20;
4409.10.10.40; 4409.10.10.60; 4409.10.10.80; 4409.10.20.00;
4409.10.90.20; 4409.10.90.40; 4418.50.0010; 4418.50.0030; 4418.50.0050
and 4418.99.10.00. Although the HTSUS numbers are provided for
convenience and customs purposes, the written product description
remains dispositive.
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\6\ For a complete description of the Order, see Memorandum,
``Initiation and Preliminary Results of Changed Circumstances
Review: Preliminary Decision Memorandum,'' dated concurrently with
this notice (Initiation and Preliminary Decision Memorandum).
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Initiation and Preliminary Results of CCR
Pursuant to section 751(b)(1) of the Act, Commerce will conduct a
CCR upon receipt of information concerning, or a request from, an
interested party for a review of an AD order which shows changed
circumstances sufficient to warrant a review of the order. The
information submitted by the Chaleur Companies supporting their claim
that CFP LP and CFP Inc. are the SIIs to Chaleur LP and Fornebu Inc.,
respectively, demonstrates changed circumstances sufficient to warrant
such a review.\7\ Therefore, in accordance with section 751(b)(1)(A) of
the Act and 19 CFR 351.216(d) and (e), we are initiating a CCR based
upon the information contained in Chaleur Companies' filings.
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\7\ See 19 CFR 351.216(d).
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Section 351.221(c)(3)(ii) of Commerce's regulations permits
Commerce to combine the notice of initiation of a CCR and the notice of
preliminary results if Commerce concludes that expedited action is
warranted.\8\ In this instance, because the record contains 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.\9\ In this CCR, pursuant to section 751(b) of
the Act, Commerce conducted an SII analysis. In making a successor-in-
interest determination, Commerce examines several factors, including,
but not limited to, changes in the following: (1) Management; (2)
production facilities; (3) supplier relationships; and (4) customer
base.\10\ While no single factor or combination of factors will
necessarily provide a dispositive indication of a successor-in-interest
relationship, generally, Commerce will consider the new company to be
the successor to the previous company if the new company's resulting
operation is not materially dissimilar to that of its predecessor.\11\
Thus, if the record evidence demonstrates that, with respect to the
production and sale of the subject merchandise, the new company
operates as the same business entity as the predecessor company,
Commerce may assign the new company the cash deposit rate of its
predecessor.\12\
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\8\ See 19 CFR 351.221(c)(3)(ii); see also Certain Pasta from
Italy: Initiation and Preliminary Results of Antidumping Duty
Changed Circumstances Review, 80 FR 33480, 33480-41 (June 12, 2015)
(Pasta from Italy Preliminary Results), unchanged in Certain Pasta
from Italy: Final Results of Changed Circumstances Review, 80 FR
48807 (August 14, 2015) (Pasta from Italy Final Results).
\9\ See, e.g., Pasta from Italy Preliminary Results, 80 FR at
33480-41, unchanged in Pasta from Italy Final Results, 80 FR at
48807.
\10\ See, e.g., Certain Frozen Warmwater Shrimp from India:
Initiation and Preliminary Results of Antidumping Duty Changed
Circumstances Review, 81 FR 75376 (October 31, 2016) (Shrimp from
India Preliminary Results), unchanged in Certain Frozen Warmwater
Shrimp from India: Notice of Final Results of Antidumping Duty
Changed Circumstances Review, 81 FR 90774 (December 15, 2016)
(Shrimp from India Final Results).
\11\ See, e.g., Shrimp from India Preliminary Results, 81 FR at
75377, unchanged in Shrimp from India Final Results, 81 FR at 90774.
\12\ Id.; see also Notice of Final Results of Changed
Circumstances Antidumping Duty Administrative Review:
Polychloroprene Rubber from Japan, 67 FR 58, 59 (January 2, 2002);
Ball Bearings and Parts Thereof from France: Final Results of
Changed-Circumstances Review, 75 FR 34688, 34689 (June 18, 2010);
and Circular Welded Non-Alloy Steel Pipe from the Republic of Korea;
Preliminary Results of Antidumping Duty Changed Circumstances
Review, 63 FR 14679 (March 26, 1998), unchanged in Circular Welded
Non-Alloy Steel Pipe from Korea; Final Results of Antidumping Duty
Changed Circumstances Review, 63 FR 20572 (April 27, 1998), in which
Commerce found that a company which only changed its name and did
not change its operations is a SII to the company before it changed
its name.
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In accordance with 19 CFR 351.216, we preliminarily determine that
CFP LP and CFP Inc. are the SIIs to Chaleur LP and Fornebu Inc.,
respectively. Record evidence, as submitted by the Chaleur Companies,
indicates that CFP LP and CFP Inc. operate as essentially the same
business entities as Chaleur LP and Fornebu Inc., respectively, with
respect to the subject merchandise.\13\ For the complete successor-in-
interest analysis, including discussion of business proprietary
information, refer to the accompanying Initiation and Preliminary
Decision Memorandum. Commerce will issue its final results of the
review in accordance with the time limits set forth in 19 CFR
351.216(e).
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\13\ See CCR Request.
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Public Comment
Pursuant to 19 CFR 351.310(c), any interested party may request a
hearing within 30 days of publication of this notice. In accordance
with 19 CFR 351.309(c)(1)(ii), interested parties may submit case
briefs not later than 30 days
[[Page 22936]]
after the date of publication of this notice. Rebuttal briefs, limited
to issues raised in the case briefs, may be filed no later than seven
days after the case briefs, in accordance with 19 CFR 351.309(d).
Parties who submit case or rebuttal briefs are encouraged to submit
with each argument: (1) a statement of the issue; (2) a brief summary
of the argument; and (3) a table of authorities.\14\ All comments are
to be filed electronically using Enforcement and Compliance's
Antidumping and Countervailing Duty Centralized Electronic Service
System (ACCESS) available to registered users at https://access.trade.gov, and must also be served on interested parties. An
electronically filed document must be received successfully in its
entirety by ACCESS by 5:00 p.m. Eastern Time on the day it is due.\15\
Note that Commerce has temporarily modified certain of its requirements
for serving documents containing business proprietary information,
until further notice.\16\
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\14\ See 19 CFR 351.309(c)(2).
\15\ See 19 CFR 351.303(b).
\16\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
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Consistent with 19 CFR 351.216(e), we will issue the final results
of this CCR 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. This notice is published in accordance with
sections 751(b)(1) and 777(i) of the Act and 19 CFR 351.216(b),
351.221(b) and 351.221(c)(3).
Dated: April 23, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations.
[FR Doc. 2021-09071 Filed 4-29-21; 8:45 am]
BILLING CODE P
