Initiation and Preliminary Results of Changed Circumstances Review: Certain Softwood Lumber Products From Canada, 36525-36526 [2021-14746]
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Federal Register / Vol. 86, No. 130 / Monday, July 12, 2021 / Notices
Commerce initiated,3 the second sunset
review of the Orders, pursuant to
section 751(c) of the Tariff Act of 1930
as amended (the Act). As a result of its
reviews, Commerce determined that a
revocation of the Orders would likely
lead to continuation or recurrence of
dumping and countervailable subsidies
and, therefore, notified the ITC of the
magnitude of the margins and net
subsidy rates likely to prevail should
the Orders be revoked.4
On July 7, 2021, the ITC published its
determinations, pursuant to sections
751(c) and 752(a) of the Act, that
revocation of the Orders would likely
lead to continuation or recurrence of
material injury to an industry in the
United States within a reasonably
foreseeable time.5
khammond on DSKJM1Z7X2PROD with NOTICES
Scope of the Orders
The products covered by the Orders
include anhydrous Dipotassium
Phosphate (DKP) and Tetrapotassium
Pyrophosphate (TKPP), whether
anhydrous or in solution (collectively
‘‘phosphate salts’’).
TKPP, also known as normal
potassium pyrophosphate,
Diphosphoric acid or Tetrapotassium
salt, is a potassium salt with the formula
K4P2O7. The CAS registry number for
TKPP is 7320–34–5. TKPP is typically
18.7 percent phosphorus and 47.3
percent potassium. It is generally greater
than or equal to 43.0 percent P2O5
content. TKPP is classified under
heading 2835.39.1000 of the
Harmonized Tariff Schedule of the
United States (HTSUS).
DKP, also known as Dipotassium salt,
Dipotassium hydrogen orthophosphate
or Potassium phosphate, dibasic, has a
chemical formula of K2HPO4. The CAS
registry number for DKP is 7758–11–4.
DKP is typically 17.8 percent
phosphorus, 44.8 percent potassium and
40 percent P2O5 content. DKP is
classified under heading 2835.24.0000,
HTSUS.
The products covered by these Orders
include the foregoing phosphate salts in
all grades, whether food grade or
technical grade. The products covered
by these Orders includes anhydrous
DKP without regard to the physical
3 See Initiation of Five-Year (Sunset) Reviews, 85
FR 69585 (November 3, 2020).
4 See Certain Potassium Phosphate Salts from the
People’s Republic of China: Final Results of the
Expedited Second Sunset Review of the
Antidumping Duty Order, 86 FR 13311 (March 8,
2021); see also, Certain Potassium Phosphate Salts
from the People’s Republic of China: Final Results
of the Expedited Second Five-Year Sunset Review
of the Countervailing Duty Order, 86 FR 13314
(March 8, 2021).
5 See Potassium Phosphate Salts from China, 86
FR 35827 (July 7, 2021).
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17:26 Jul 09, 2021
Jkt 253001
form, whether crushed, granule, powder
or fines. Also covered are all forms of
TKPP, whether crushed, granule,
powder, fines or solution.
For purposes of the Orders, the
narrative description is dispositive, and
not the tariff heading, American
Chemical Society, CAS registry number
or CAS name, or the specific percentage
chemical composition identified above.
Continuation of the Orders
As a result of the determinations by
Commerce and the ITC that revocation
of the Orders would likely lead to a
continuation or a recurrence of dumping
and countervailable subsidies, as well as
material injury to an industry in the
United States, pursuant to section
751(d)(2) of the Act and 19 CFR
351.218(a), Commerce hereby orders the
continuation of the Orders.
U.S. Customs and Border Protection
will continue to collect AD and CVD
cash deposits at the rates in effect at the
time of entry for all imports of subject
merchandise. The effective date of the
continuation of the Orders will be the
date of publication in the Federal
Register of this notice of continuation.
Pursuant to section 751(c)(2) of the Act
and 19 CFR 351.218(c)(2), Commerce
intends to initiate the next five-year
review of the Orders not later than 30
days prior to the fifth anniversary of the
effective date of continuation.
Administrative Protective Order
This notice also serves as the only
reminder to parties subject to
administrative protective order (APO) of
their responsibility concerning the
return/destruction or conversion to
judicial protective order of proprietary
information disclosed under APO in
accordance with 19 CFR 351.305(a)(3).
Failure to comply is a violation of the
APO which may be subject to sanctions.
Notification to Interested Parties
These five-year sunset reviews and
this notice are in accordance with
sections 751(c) and 751(d)(2) of the Act
and published in accordance with
section 777(i)(1) of the Act and 19 CFR
351.218(f)(4).
Dated: July 7, 2021.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2021–14756 Filed 7–9–21; 8:45 am]
BILLING CODE 3510–DS–P
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36525
DEPARTMENT OF COMMERCE
International Trade Administration
[A–122–857]
Initiation and Preliminary Results of
Changed Circumstances Review:
Certain Softwood Lumber Products
From Canada
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) is initiating a changed
circumstances review (CCR) of the
antidumping duty (AD) order on certain
softwood lumber products (softwood
lumber) from Canada and
simultaneously issuing preliminary
results finding CHAP Alliance, Inc.
(CHAP) to be the successor-in-interest to
L’Atelier de Readaption au Travail de
Beauce Inc. (L’Atelier).
DATES: Applicable July 12, 2021.
FOR FURTHER INFORMATION CONTACT:
Maisha Cryor, AD/CVD Operations,
Office IV, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–5831.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On January 3, 2018, Commerce
published in the Federal Register an AD
order on softwood lumber from
Canada.1 On May 5, 2021, Commerce
received a request on behalf of CHAP for
an expedited CCR to establish CHAP as
the successor-in-interest to L’Atelier
with respect to the Order.2 On June 8,
2021, Commerce informed CHAP that it
required additional information in order
to determine whether to initiate the
requested CCR.3 On June 24, 2021,
CHAP provided the requested
information.4
Scope of the Order
The merchandise covered by the
Order is softwood lumber, siding,
flooring and certain other coniferous
wood (softwood lumber products).
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 CHAP’s Letter, ‘‘Certain Softwood Lumber
from Canada: L’Atelier de Re´adaptation au Travail
de Beauce Inc. Request for Changed Circumstances
Reviews,’’ dated May 5, 2021 (CCR Request).
3 See Commerce’s Letter, ‘‘Changed
Circumstances Review of Certain Softwood Lumber
Products from Canada: Supplemental
Questionnaire,’’ dated June 8, 2021.
4 See CHAP’s Letter, ‘‘Certain Softwood Lumber
from Canada: Supplemental Questionnaire
Response,’’ dated June 24, 2021.
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36526
Federal Register / Vol. 86, No. 130 / Monday, July 12, 2021 / Notices
Softwood lumber product imports are
generally entered under Chapter 44 of
the Harmonized Tariff Schedule of the
United States (HTSUS). Although the
HTSUS subheadings are provided for
convenience and customs purposes, the
written description of the scope of the
Order is dispositive.5
Initiation
Pursuant to section 751(b)(1) of the
Tariff Act of 1930, as amended (the Act)
and 19 CFR 351.216(d), Commerce will
conduct a CCR upon receipt of
information or a review request showing
changed circumstances sufficient to
warrant a review of an order. Among
other things, Commerce has conducted
CCRs to consider the applicability of
cash deposit rates after there have been
changes in the name or structure of a
company, such as a merger or spinoff
(successor-in-interest, or successorship,
determinations).
We find the information provided is
sufficient to warrant a CCR of the Order.
Specifically, the information CHAP
provided regarding L’Atelier’s name
change to CHAP demonstrates changed
circumstances sufficient to warrant a
CCR with respect to the Order.
Therefore, in accordance with section
751(b)(1) of the Act and 19 CFR
351.216(d), we are initiating a CCR to
determine whether CHAP is the
successor-in-interest to L’Atelier for
purposes of the Order.
In addition, Commerce’s regulations
(19 CFR 351.221(c)(3)(ii)), permit it to
initiate a CCR and issue the preliminary
results of that CCR simultaneously if it
concludes that expedited action is
warranted. We have on the record the
information necessary to make a
preliminary finding and, therefore, we
find that expedited action is warranted.6
Consequently, we are combining the
initiation of the CCR described above
and our preliminary results, in
accordance with 19 CFR
351.221(c)(3)(ii).
Preliminary Results
In determining whether one company
is the successor to another for AD
purposes, Commerce examines a
number of factors including, but not
limited to, changes in: (1) Management;
khammond on DSKJM1Z7X2PROD with NOTICES
5 For
a complete description of the scope of the
Order, see Memorandum, ‘‘Initiation and
Preliminary Results of Changed Circumstances
Review: Certain Softwood Lumber Products from
Canada,’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
6 See, e.g., Notice of Initiation and Preliminary
Results of Antidumping Duty Changed
Circumstances Review: Certain Softwood Lumber
Products from Canada, 70 FR 50299 (August 26,
2005).
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(2) production facilities; (3) suppliers;
and (4) customer base.7 While no one,
or several, of these factors will
necessarily provide a dispositive
indication of succession, Commerce will
generally consider one company to be
the successor to another company if its
resulting operations are essentially the
same as those of its predecessor.8 Thus,
if the evidence demonstrates that, with
respect to the production and sale of the
subject merchandise, the company, in
its current form, operates as essentially
the same business entity as the prior
company, Commerce will assign the
new company the cash deposit rate of
its predecessor.9
CHAP provided evidence that: (1)
L’Atelier’s name changed to CHAP in
February 2021; and (2) there were no
significant changes to management,10
production facilities,11 suppliers, or
customer base.12 Based on the foregoing,
which is explained in greater detail in
the Preliminary Decision Memorandum,
we preliminarily determine that CHAP
is the successor-in-interest to L’Atelier
for purposes of the Order.
Should our final results of review
remain the same as these preliminary
results of review, effective the date of
publication of the final results of
review, we will instruct U.S. Customs
and Border Protection to apply
L’Atelier’s cash deposit rate to CHAP.
Public Comment
Interested parties may submit case
briefs not later than 14 days after the
date of publication of this notice.13
Rebuttal briefs, which must be limited
to issues raised in case briefs, may be
filed not later than seven days after the
due date for case briefs.14 Parties who
submit case briefs or rebuttal briefs in
this CCR are requested to submit with
7 See Initiation and Preliminary Results of
Antidumping Duty Changed Circumstances Review:
Multilayered Wood Flooring from the People’s
Republic of China, 79 FR 48117,48118 (August 15,
2014), unchanged in Multilayered Wood Flooring
from the People’s Republic of China: Final Results
of Changed Circumstances Review, 79 FR 58740
(September 30, 2014).
8 Id.
9 See, e.g., Certain Circular Welded Carbon Steel
Pipes and Tubes from Taiwan: Initiation of
Antidumping Duty Changed Circumstance Review,
70 FR 17063, 17064 (April 4, 2005); and Fresh and
Chilled Atlantic Salmon from Norway: Final Results
of Changed Circumstances Antidumping
Administrative Review, 64 FR 9979, 9980 (March 1,
1999).
10 See CCR Request at Exhibit 4, Attachment A.
11 Id. at Exhibit 4, Attachment B.
12 Id. at Exhibit 4, Attachments C and D.
13 Commerce is exercising its discretion under 19
CFR 351.309(c)(1)(ii) to alter the time limit for the
filing of case briefs.
14 Commerce is exercising its discretion under 19
CFR 351.309(d)(1) to alter the time limit for the
filing of rebuttal briefs.
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each argument: (1) A statement of the
issues; and (2) a brief summary of the
arguments with electronic versions
included.
Any interested party may request a
hearing within 14 days of publication of
this notice.15 Hearing requests should
contain the following information: (1)
The party’s name, address, and
telephone number; (2) the number of
participants; and (3) a list of the issues
to be discussed. Oral presentations at
the hearing will be limited to issues
raised in the briefs. If a request for a
hearing is made, Commerce intends to
hold the hearing at a time and date to
be determined. Parties should confirm
the date and the time of the hearing two
days before the scheduled date.
All submissions, with limited
exceptions, must be filed electronically
using Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS).16 An electronically filed
document must be received successfully
in its entirety by 5 p.m. Eastern Time
(ET) on the due date.
Consistent with 19 CFR 351.216(e),
we intend to issue the final results of
this CCR no later than 270 days after the
date on which these reviews were
initiated or within 45 days if all parties
agree to the outcome of the review.
We are issuing and publishing this
initiation and preliminary results notice
in accordance with sections 751(b)(1)
and 777(i)(1) of the Act and 19 CFR
351.216 and 351.221(c)(3).
Dated: July 6, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and
Negotiations.
[FR Doc. 2021–14746 Filed 7–9–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–138]
Pentafluoroethane (R–125) From the
People’s Republic of China:
Preliminary Affirmative Determination
of Critical Circumstances, in Part, in
the Countervailing Duty Investigation
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
15 Commerce is exercising its discretion under 19
CFR 351.310(c) to alter the time limit for requesting
a hearing.
16 ACCESS is available to registered users at
https://access.trade.gov; see also 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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]]>Agencies
[Federal Register Volume 86, Number 130 (Monday, July 12, 2021)]
[Notices]
[Pages 36525-36526]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-14746]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-122-857]
Initiation and Preliminary Results of Changed Circumstances
Review: Certain Softwood Lumber Products From Canada
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) is initiating a changed
circumstances review (CCR) of the antidumping duty (AD) order on
certain softwood lumber products (softwood lumber) from Canada and
simultaneously issuing preliminary results finding CHAP Alliance, Inc.
(CHAP) to be the successor-in-interest to L'Atelier de Readaption au
Travail de Beauce Inc. (L'Atelier).
DATES: Applicable July 12, 2021.
FOR FURTHER INFORMATION CONTACT: Maisha Cryor, AD/CVD Operations,
Office IV, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-5831.
SUPPLEMENTARY INFORMATION:
Background
On January 3, 2018, Commerce published in the Federal Register an
AD order on softwood lumber from Canada.\1\ On May 5, 2021, Commerce
received a request on behalf of CHAP for an expedited CCR to establish
CHAP as the successor-in-interest to L'Atelier with respect to the
Order.\2\ On June 8, 2021, Commerce informed CHAP that it required
additional information in order to determine whether to initiate the
requested CCR.\3\ On June 24, 2021, CHAP provided the requested
information.\4\
---------------------------------------------------------------------------
\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 CHAP's Letter, ``Certain Softwood Lumber from Canada:
L'Atelier de R[eacute]adaptation au Travail de Beauce Inc. Request
for Changed Circumstances Reviews,'' dated May 5, 2021 (CCR
Request).
\3\ See Commerce's Letter, ``Changed Circumstances Review of
Certain Softwood Lumber Products from Canada: Supplemental
Questionnaire,'' dated June 8, 2021.
\4\ See CHAP's Letter, ``Certain Softwood Lumber from Canada:
Supplemental Questionnaire Response,'' dated June 24, 2021.
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Scope of the Order
The merchandise covered by the Order is softwood lumber, siding,
flooring and certain other coniferous wood (softwood lumber products).
[[Page 36526]]
Softwood lumber product imports are generally entered under Chapter 44
of the Harmonized Tariff Schedule of the United States (HTSUS).
Although the HTSUS subheadings are provided for convenience and customs
purposes, the written description of the scope of the Order is
dispositive.\5\
---------------------------------------------------------------------------
\5\ For a complete description of the scope of the Order, see
Memorandum, ``Initiation and Preliminary Results of Changed
Circumstances Review: Certain Softwood Lumber Products from
Canada,'' dated concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Initiation
Pursuant to section 751(b)(1) of the Tariff Act of 1930, as amended
(the Act) and 19 CFR 351.216(d), Commerce will conduct a CCR upon
receipt of information or a review request showing changed
circumstances sufficient to warrant a review of an order. Among other
things, Commerce has conducted CCRs to consider the applicability of
cash deposit rates after there have been changes in the name or
structure of a company, such as a merger or spinoff (successor-in-
interest, or successorship, determinations).
We find the information provided is sufficient to warrant a CCR of
the Order. Specifically, the information CHAP provided regarding
L'Atelier's name change to CHAP demonstrates changed circumstances
sufficient to warrant a CCR with respect to the Order.
Therefore, in accordance with section 751(b)(1) of the Act and 19
CFR 351.216(d), we are initiating a CCR to determine whether CHAP is
the successor-in-interest to L'Atelier for purposes of the Order.
In addition, Commerce's regulations (19 CFR 351.221(c)(3)(ii)),
permit it to initiate a CCR and issue the preliminary results of that
CCR simultaneously if it concludes that expedited action is warranted.
We have on the record the information necessary to make a preliminary
finding and, therefore, we find that expedited action is warranted.\6\
Consequently, we are combining the initiation of the CCR described
above and our preliminary results, in accordance with 19 CFR
351.221(c)(3)(ii).
---------------------------------------------------------------------------
\6\ See, e.g., Notice of Initiation and Preliminary Results of
Antidumping Duty Changed Circumstances Review: Certain Softwood
Lumber Products from Canada, 70 FR 50299 (August 26, 2005).
---------------------------------------------------------------------------
Preliminary Results
In determining whether one company is the successor to another for
AD purposes, Commerce examines a number of factors including, but not
limited to, changes in: (1) Management; (2) production facilities; (3)
suppliers; and (4) customer base.\7\ While no one, or several, of these
factors will necessarily provide a dispositive indication of
succession, Commerce will generally consider one company to be the
successor to another company if its resulting operations are
essentially the same as those of its predecessor.\8\ Thus, if the
evidence demonstrates that, with respect to the production and sale of
the subject merchandise, the company, in its current form, operates as
essentially the same business entity as the prior company, Commerce
will assign the new company the cash deposit rate of its
predecessor.\9\
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\7\ See Initiation and Preliminary Results of Antidumping Duty
Changed Circumstances Review: Multilayered Wood Flooring from the
People's Republic of China, 79 FR 48117,48118 (August 15, 2014),
unchanged in Multilayered Wood Flooring from the People's Republic
of China: Final Results of Changed Circumstances Review, 79 FR 58740
(September 30, 2014).
\8\ Id.
\9\ See, e.g., Certain Circular Welded Carbon Steel Pipes and
Tubes from Taiwan: Initiation of Antidumping Duty Changed
Circumstance Review, 70 FR 17063, 17064 (April 4, 2005); and Fresh
and Chilled Atlantic Salmon from Norway: Final Results of Changed
Circumstances Antidumping Administrative Review, 64 FR 9979, 9980
(March 1, 1999).
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CHAP provided evidence that: (1) L'Atelier's name changed to CHAP
in February 2021; and (2) there were no significant changes to
management,\10\ production facilities,\11\ suppliers, or customer
base.\12\ Based on the foregoing, which is explained in greater detail
in the Preliminary Decision Memorandum, we preliminarily determine that
CHAP is the successor-in-interest to L'Atelier for purposes of the
Order.
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\10\ See CCR Request at Exhibit 4, Attachment A.
\11\ Id. at Exhibit 4, Attachment B.
\12\ Id. at Exhibit 4, Attachments C and D.
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Should our final results of review remain the same as these
preliminary results of review, effective the date of publication of the
final results of review, we will instruct U.S. Customs and Border
Protection to apply L'Atelier's cash deposit rate to CHAP.
Public Comment
Interested parties may submit case briefs not later than 14 days
after the date of publication of this notice.\13\ Rebuttal briefs,
which must be limited to issues raised in case briefs, may be filed not
later than seven days after the due date for case briefs.\14\ Parties
who submit case briefs or rebuttal briefs in this CCR are requested to
submit with each argument: (1) A statement of the issues; and (2) a
brief summary of the arguments with electronic versions included.
---------------------------------------------------------------------------
\13\ Commerce is exercising its discretion under 19 CFR
351.309(c)(1)(ii) to alter the time limit for the filing of case
briefs.
\14\ Commerce is exercising its discretion under 19 CFR
351.309(d)(1) to alter the time limit for the filing of rebuttal
briefs.
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Any interested party may request a hearing within 14 days of
publication of this notice.\15\ Hearing requests should contain the
following information: (1) The party's name, address, and telephone
number; (2) the number of participants; and (3) a list of the issues to
be discussed. Oral presentations at the hearing will be limited to
issues raised in the briefs. If a request for a hearing is made,
Commerce intends to hold the hearing at a time and date to be
determined. Parties should confirm the date and the time of the hearing
two days before the scheduled date.
---------------------------------------------------------------------------
\15\ Commerce is exercising its discretion under 19 CFR
351.310(c) to alter the time limit for requesting a hearing.
---------------------------------------------------------------------------
All submissions, with limited exceptions, must be filed
electronically using Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS).\16\
An electronically filed document must be received successfully in its
entirety by 5 p.m. Eastern Time (ET) on the due date.
---------------------------------------------------------------------------
\16\ ACCESS is available to registered users at https://access.trade.gov; see also Temporary Rule Modifying AD/CVD Service
Requirements Due to Covid-19; Extension of Effective Period, 85 FR
41363, (July 10, 2020).
---------------------------------------------------------------------------
Consistent with 19 CFR 351.216(e), we intend to issue the final
results of this CCR no later than 270 days after the date on which
these reviews were initiated or within 45 days if all parties agree to
the outcome of the review.
We are issuing and publishing this initiation and preliminary
results notice in accordance with sections 751(b)(1) and 777(i)(1) of
the Act and 19 CFR 351.216 and 351.221(c)(3).
Dated: July 6, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations.
[FR Doc. 2021-14746 Filed 7-9-21; 8:45 am]
BILLING CODE 3510-DS-P
