Certain Softwood Lumber Products From Canada: Initiation of Antidumping Duty Changed Circumstances Review, 69004-69006 [2022-25075]
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69004
Federal Register / Vol. 87, No. 221 / Thursday, November 17, 2022 / Notices
Dated: November 9, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix I—Scope of the Investigation
The products covered by this investigation
are cold-polymerized emulsion styrenebutadiene rubber (ESB rubber). The scope of
the investigation includes, but is not limited
to, ESB rubber in primary forms, bales,
granules, crumbs, pellets, powders, plates,
sheets, strip, etc. ESB rubber consists of nonpigmented rubbers and oil-extended nonpigmented rubbers, both of which contain at
least one percent of organic acids from the
emulsion polymerization process.
ESB rubber is produced and sold in
accordance with a generally accepted set of
product specifications issued by the
International Institute of Synthetic Rubber
Producers (IISRP). The scope of the
investigation covers grades of ESB rubber
included in the IISRP 1500 and 1700 series
of synthetic rubbers. The 1500 grades are
light in color and are often described as
‘‘Clear’’ or ‘‘White Rubber.’’ The 1700 grades
are oil-extended and thus darker in color,
and are often called ‘‘Brown Rubber.’’
Specifically excluded from the scope of
this investigation are products which are
manufactured by blending ESB rubber with
other polymers, high styrene resin master
batch, carbon black master batch (i.e., IISRP
1600 series and 1800 series) and latex (an
intermediate product).
The products subject to this investigation
are currently classifiable under subheadings
4002.19.0015 and 4002.19.0019 of the
Harmonized Tariff Schedule of the United
States (HTSUS). ESB rubber is described by
Chemical Abstracts Services (CAS) Registry
No. 9003–55–8. This CAS number also refers
to other types of styrene butadiene rubber.
Although the HTSUS subheadings and CAS
registry number are provided for convenience
and customs purposes, the written
description of the scope of this investigation
is dispositive.
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Appendix II—List of Topics Discussed
in the Issues and Decision
Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope of the Investigation
V. Russia’s Market Economy Status
VI. Changes Since the Preliminary
Determination
VII. Use of Facts Available, and Adverse
Inferences
VIII. Final Determinations of Affiliation and
Single Entity Treatment
IX. Discussion of the Issues
Comment 1: How to Treat SIBUR’s Sales of
Expired ESBR and Sales Without
Production Date Data Found at
Verification
Comment 2: SIBUR’s Inventory Carrying
Costs and Total Sales Quantity and
Value (Q&V) Reconciliation
Comment 3: Whether to Apply Total
Adverse Facts Available (AFA) to SIBUR
Comment 4: How to Treat SIBUR’s
Affiliated Party Transactions
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Comment 5: SIBUR’s Cost Verification
Adjustments
Comment 6: SIBUR’s and TATNEFT’s
Payment Dates and Credit Expenses
Comment 7: TATNEFT’s U.S. Sales
Destinations
Comment 8: TATNEFT’s General and
Administrative (G&A) and Financial
Expense—Packing Cost
Comment 9: TATNEFT and TTK’s G&A
Expense Rate—Other Income and
Expenses
X. Recommendation
[FR Doc. 2022–25050 Filed 11–16–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–122–857]
Certain Softwood Lumber Products
From Canada: Initiation of
Antidumping Duty Changed
Circumstances Review
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: In response to a request from
GreenFirst Forest Products Inc. (GFFP)
and GreenFirst Forest Products (QC) Inc.
(GFFP (QC)) (collectively, GreenFirst),
the Department of Commerce
(Commerce) is initiating a changed
circumstances review (CCR) of the
antidumping duty (AD) order on certain
softwood lumber products from Canada.
This review will determine whether
GFFP (QC) is the successor-in-interest to
Rayonier A.M. Canada G.P. (RYAM).
DATES: Applicable November 17, 2022.
FOR FURTHER INFORMATION CONTACT:
Zachary Shaykin, 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) 482–2638.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On August 9, 2022, Commerce
published in the Federal Register the
final results of the third administrative
review of the AD Order 1 on certain
softwood lumber products from
Canada.2 As a result of this
administrative review, Commerce
assigned a cash deposit rate of 4.76
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 Certain Softwood Lumber Products from
Canada: Final Results of Antidumping Duty
Administrative Review and Final Determination of
No Shipments; 2020, 87 FR 48465 (August 9, 2022)
(Lumber V AR3).
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percent to RYAM based on the nonselected respondent rate (i.e., the
weighted-average of the mandatory
respondents’ weighted-average dumping
margins).3
The CCR Request explains that on
August 28, 2021, GFFP (QC) acquired
six lumber mills and one newsprint mill
from RYAM. The CCR Request further
explains that RYAM previously held an
ownership stake in GreenFirst but that,
in May 2022, RYAM sold all of its
shares in GreenFirst, and as a result
RYAM no longer has ties to the lumber
industry. Thus, GreenFirst requests that
Commerce initiate an expedited CCR to
determine that GFFP (QC) is the
successor-in-interest to RYAM and,
thus, that the AD margin in effect for
RYAM under the Order should be
applied to entries from GFFP (QC).4
In its October 18, 2022, submission
the Committee Overseeing Action for
Lumber International Trade
Investigations or Negotiations
(COALITION, the petitioner) argues that
Commerce should reject GreenFirst’s
request to conduct an expedited CCR of
GFFP (QC) pursuant to 19 CFR
351.216(e).5 The petitioner contends
that GFFP (QC) is not the successor-ininterest to RYAM because the lumber
assets RYAM sold to GFFP (QC)
experienced significant changes to their
ownership and management prior to
their sale to GFFP (QC).6 Further, the
petitioner argues that the CCR Request
improperly treated the names of certain
GFFP (QC) officials as business
proprietary information and for this
reason the CCR Request should be
rejected by Commerce.
On October 20, 2022, Commerce held
an ex-parte meeting with certain
government officials from the
Government of Canada (GOC) in which
Canadian government officials
expressed their support for GreenFirst’s
CCR Request 7 and, on October 24, 2022,
the GOC submitted a letter to Commerce
expressing its support for GreenFirst’s
CCR Request.8
3 See
Order, 83 FR at 351.
GreenFirst’s letter, ‘‘Softwood Lumber from
Canada: GreenFirst Forest Products Request for
Changed Circumstances Review,’’ dated September
29, 2022 (CCR Request), at 3 and 4.
5 See Petitioner’s letter, ‘‘Certain Softwood
Lumber Products from Canada: Comments on
GreenFirst’s Request for Changed Circumstances
Review,’’ dated October 18, 2022 (Petitioner
Comments), at 3.
6 See Petitioner Comments at 9 and 10.
7 See Memorandum, ‘‘Ex Parte Meeting with the
Government of Canada,’’ dated October 21, 2022.
8 See GOC’s Letter submitted on October 24, 2022
(ACCESS Barcode: 4303828–01).
4 See
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Federal Register / Vol. 87, No. 221 / Thursday, November 17, 2022 / Notices
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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). The
scope includes:
• Coniferous wood, sawn, or chipped
lengthwise, sliced or peeled, whether or
not planed, whether or not sanded, or
whether or not finger-jointed, of an
actual thickness exceeding six
millimeters.
• Coniferous wood siding, flooring,
and other coniferous wood (other than
moldings and dowel rods), including
strips and friezes for parquet flooring,
that is continuously shaped (including,
but not limited to, tongued, grooved,
rebated, chamfered, V-jointed, beaded,
molded, rounded) along any of its edges,
ends, or faces, whether or not planed,
whether or not sanded, or whether or
not end-jointed.
• Coniferous drilled and notched
lumber and angle cut lumber.
• Coniferous lumber stacked on edge
and fastened together with nails,
whether or not with plywood sheathing.
• Components or parts of semifinished or unassembled finished
products made from subject
merchandise that would otherwise meet
the definition of the scope above.
Finished products are not covered by
the scope of this Order. For the
purposes of this scope, finished
products contain, or are comprised of,
subject merchandise and have
undergone sufficient processing such
that they can no longer be considered
intermediate products, and such
products can be readily differentiated
from merchandise subject to this Order
at the time of importation. Such
differentiation may, for example, be
shown through marks of special
adaptation as a particular product. The
following products are illustrative of the
type of merchandise that is considered
‘‘finished’’ for the purpose of this scope:
I-joists; assembled pallets; cutting
boards; assembled picture frames;
garage doors.
The following items are excluded
from the scope of this Order:
• Softwood lumber products certified
by the Atlantic Lumber Board as being
first produced in the Provinces of
Newfoundland and Labrador, Nova
Scotia, or Prince Edward Island from
logs harvested in Newfoundland and
Labrador, Nova Scotia, or Prince
Edward Island.
• U.S.-origin lumber shipped to
Canada for processing and imported
into the United States if the processing
occurring in Canada is limited to one or
more of the following: (1) Kiln drying;
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17:26 Nov 16, 2022
Jkt 259001
(2) planing to create smooth-to-size
board; or (3) sanding.
• 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 must be radius-cut at
both ends. The kits must be individually
packaged and must contain the exact
number of wooden components needed
to make a particular box-spring frame,
with no further processing required.
None of the components exceeds 1″ in
actual thickness or 83″ in length.
• Radius-cut box-spring-frame
components, not exceeding 1″ in actual
thickness or 83″ in length, ready for
assembly without further processing.
The radius cuts must be present on both
ends of the boards and must be
substantially cut so as to completely
round one corner.
Softwood lumber product imports are
generally entered under Chapter 44 of
the Harmonized Tariff Schedule of the
United States (HTSUS). This chapter of
the HTSUS covers ‘‘Wood and articles
of wood.’’ Softwood lumber products
that are subject to this Order are
currently classifiable under the
following ten-digit HTSUS subheadings
in Chapter 44: 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;
4407.13.0000; 4407.14.0000;
4407.19.0001; 4407.19.0002;
4407.19.0054; 4407.19.0055;
4407.19.0056; 4407.19.0057;
4407.19.0064; 4407.19.0065;
4407.19.0066; 4407.19.0067;
4407.19.0068; 4407.19.0069;
4407.19.0074; 4407.19.0075;
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69005
4407.19.0076; 4407.19.0077;
4407.19.0082; 4407.19.0083;
4407.19.0092; 4407.19.0093;
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;
4418.30.0100; 4418.50.0010;
4418.50.0030; 4418.50.0050; and
4418.99.10.00.
Subject merchandise as described
above might be identified on entry
documentation as stringers, square cut
box-spring-frame components, fence
pickets, truss components, pallet
components, flooring, and door and
window frame parts. Items so identified
might be entered under the following
ten-digit HTSUS subheadings in
Chapter 44: 4415.20.40.00;
4415.20.80.00; 4418.99.9105;
4418.99.9120; 4418.99.9140;
4418.99.9195; 4421.99.70.40; and
4421.99.9880.
Although these HTSUS subheadings
are provided for convenience and
customs purposes, the written
description of the scope of this Order is
dispositive.
Initiation of CCR
Pursuant to section 751(b)(1)(A) of the
Tariff Act of 1930, as amended (the Act),
and 19 CFR 351.216(d), Commerce will
conduct a CCR upon receipt of 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. In the past,
Commerce has used CCRs to address the
applicability of cash deposit rates after
there have been changes in the name or
structure of a respondent, such as a
merger or spinoff (successor-in interest
or successorship determinations).9 The
information submitted by GreenFirst
supporting its claim that GFFP (QC) is
the successor-in-interest to RYAM
demonstrates changed circumstances
sufficient to warrant such a review.10
Therefore, in accordance with section
751(b)(1)(A) of the Act and 19 CFR
351.216(d) and (e), we are initiating this
CCR based on the information contained
in the GreenFirst’s CCR Request.11
Commerce will issue a questionnaire
requesting additional information for
the review, and will publish in the
Federal Register a notice of the
9 See, e.g., Diamond Sawblades and Parts Thereof
from the People’s Republic of China: Initiation and
Preliminary Results of Antidumping Duty Changed
Circumstances Review, 82 FR 51605 and 51606
(November 7, 2017), unchanged in Diamond
Sawblades and Parts Thereof from the People’s
Republic of China: Final Results of Antidumping
Duty Changed Circumstances Review, 82 FR 60177
(December 19, 2017).
10 See 19 CFR 351.216(d).
11 See CCR Request.
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69006
Federal Register / Vol. 87, No. 221 / Thursday, November 17, 2022 / Notices
You may join the 180th CFMC public
hybrid meeting via Zoom, from a
computer, tablet or smartphone by
entering the following address: Join
Zoom Meeting, https://
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pwd=VmVsc1orSUtKck8x
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Meeting ID: 830 6068 5915.
Passcode: 995658.
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In case there are problems and we
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FOR FURTHER INFORMATION CONTACT:
Miguel A. Rolo´n, Executive Director,
Caribbean Fishery Management Council,
270 Mun˜oz Rivera Avenue, Suite 401,
San Juan, Puerto Rico 00918–1903,
telephone: (787) 398–3717.
SUPPLEMENTARY INFORMATION: The
following items included in the
tentative agenda will be discussed:
1:30–2:30
Caribbean Fishery Management
Council; Public Meeting
December 6, 2022
December 7, 2022
9 a.m.–9:30 a.m.
9 a.m.–10 a.m.
AGENCY:
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of public hybrid meeting
(in-person/virtual).
—Call to Order
—Roll Call
—Adoption of Agenda
—Consideration of 179th Council
Meeting Verbatim Transcriptions
—Executive Director’s Report
—Caribbean Fishery Management
Council, Scientific and Statistical
Committee Practices and Procedures
Concerning Objectivity and Conflicts
of Interest—K. Zamboni, NOAA–GC
The Caribbean Fishery
Management Council (CFMC) will hold
the 180th public hybrid meeting to
address the items contained in the
tentative agenda included in the
SUPPLEMENTARY INFORMATION.
DATES: The 180th CFMC public hybrid
meeting will be held on December 6,
2022, from 9 a.m. to 5 p.m., and on
December 7, 2022, from 9 a.m. to 4:45
p.m., AST.
ADDRESSES:
Meeting address: The meeting will be
held at the Embassy Suites Hotel, Tartak
Street, Carolina, Puerto Rico 00979.
9:30 a.m.–10:45 a.m.
—Descending Devices Presentation and
Discussion—Melissa Crouch
preliminary results, in accordance with
19 CFR 351.221(b)(2) and (4), and 19
CFR 351.221(c)(3)(i). The notice 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.
Pursuant to 19 CFR 351.221(b)(4)(ii),
interested parties will have an
opportunity to comment on the
preliminary results. In accordance with
19 CFR 351.216(e), Commerce intends
to issue the final results no later than
270 days after the date on which the
review is initiated. Note that Commerce
has modified certain of its requirements
for serving documents containing
business proprietary information until
July 17, 2020, unless extended.12
Notification to Interested Parties
This notice is published in
accordance with sections 751(b)(1) and
777(i)(1) of the Act, and 19 CFR
351.216(b), 351.221(b), and
351.221(c)(3).
Dated: November 14, 2022.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2022–25075 Filed 11–16–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XC532]
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SUMMARY:
12 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 29615 (May 18, 2020).
VerDate Sep<11>2014
17:26 Nov 16, 2022
Jkt 259001
—Updates on Island Based Fishery
Management Plans (FMPs) and
Current Amendments (Spiny Lobster
Amendment, Buoy Gear Amendment)
—Trawl and Net Gear and Descending
Devices Amendment to the IslandBased FMPs
—Managing Trap Fisheries in the USVI:
Review of Pertinent State and Federal
Regulations
2:30 p.m.–3:30 p.m.
—NMFS Protected Resources Updates
-Southeast Regional Office (SERO)
—Proposed Rule to List the Queen
Conch as Threatened Under the
Endangered Species Act
—Proposed Rule to Designate Critical
Habitat for the Threatened Nassau
Grouper
3:30 p.m.–3:45 p.m.
—Break
3:45 p.m.–4:15 p.m.
—Scientific and Statistical Committee
(SSC) Report—Richard Appeldoorn,
Chair
—SEDAR 80 Queen Triggerfish
—Spiny Lobster Update—SEDAR 57
Update
4:15 p.m.–4:45 p.m.
—Southeast Fisheries Science Center
(SEFSC) Update
4:45 p.m.–5 p.m.
—Public Comment Period (5-minute
presentations)
5 p.m.
—Adjourn for the Day
5:15 p.m.–5:45 p.m.
—Closed Session
10 a.m.–10:30 a.m.
10:30 a.m.–10:45 a.m.
—Break
10:45 a.m.–11 a.m.
10:45 a.m.–11 a.m.
—Recreational Fisheries—Russell Dunn,
NOAA National Policy Advisor on
Recreational Fisheries
—Break
11 a.m.–12 p.m.
11 a.m.–12 p.m.
—Pelagic Fish Amendment to the
Island-Based FMPs
—Dolphinfish Issues
— Outreach and Education Advisory
Panel Report—Alida Ortiz, Chair
—Social Network Activities Report—
Cristina Ola´n
12 p.m.–1:30 p.m.
12 p.m.–1:30 p.m.
—Lunch
—Lunch Break
PO 00000
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Agencies
[Federal Register Volume 87, Number 221 (Thursday, November 17, 2022)]
[Notices]
[Pages 69004-69006]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-25075]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-122-857]
Certain Softwood Lumber Products From Canada: Initiation of
Antidumping Duty Changed Circumstances Review
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: In response to a request from GreenFirst Forest Products Inc.
(GFFP) and GreenFirst Forest Products (QC) Inc. (GFFP (QC))
(collectively, GreenFirst), the Department of Commerce (Commerce) is
initiating a changed circumstances review (CCR) of the antidumping duty
(AD) order on certain softwood lumber products from Canada. This review
will determine whether GFFP (QC) is the successor-in-interest to
Rayonier A.M. Canada G.P. (RYAM).
DATES: Applicable November 17, 2022.
FOR FURTHER INFORMATION CONTACT: Zachary Shaykin, 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) 482-2638.
SUPPLEMENTARY INFORMATION:
Background
On August 9, 2022, Commerce published in the Federal Register the
final results of the third administrative review of the AD Order \1\ on
certain softwood lumber products from Canada.\2\ As a result of this
administrative review, Commerce assigned a cash deposit rate of 4.76
percent to RYAM based on the non-selected respondent rate (i.e., the
weighted-average of the mandatory respondents' weighted-average dumping
margins).\3\
---------------------------------------------------------------------------
\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 Certain Softwood Lumber Products from Canada: Final
Results of Antidumping Duty Administrative Review and Final
Determination of No Shipments; 2020, 87 FR 48465 (August 9, 2022)
(Lumber V AR3).
\3\ See Order, 83 FR at 351.
---------------------------------------------------------------------------
The CCR Request explains that on August 28, 2021, GFFP (QC)
acquired six lumber mills and one newsprint mill from RYAM. The CCR
Request further explains that RYAM previously held an ownership stake
in GreenFirst but that, in May 2022, RYAM sold all of its shares in
GreenFirst, and as a result RYAM no longer has ties to the lumber
industry. Thus, GreenFirst requests that Commerce initiate an expedited
CCR to determine that GFFP (QC) is the successor-in-interest to RYAM
and, thus, that the AD margin in effect for RYAM under the Order should
be applied to entries from GFFP (QC).\4\
---------------------------------------------------------------------------
\4\ See GreenFirst's letter, ``Softwood Lumber from Canada:
GreenFirst Forest Products Request for Changed Circumstances
Review,'' dated September 29, 2022 (CCR Request), at 3 and 4.
---------------------------------------------------------------------------
In its October 18, 2022, submission the Committee Overseeing Action
for Lumber International Trade Investigations or Negotiations
(COALITION, the petitioner) argues that Commerce should reject
GreenFirst's request to conduct an expedited CCR of GFFP (QC) pursuant
to 19 CFR 351.216(e).\5\ The petitioner contends that GFFP (QC) is not
the successor-in-interest to RYAM because the lumber assets RYAM sold
to GFFP (QC) experienced significant changes to their ownership and
management prior to their sale to GFFP (QC).\6\ Further, the petitioner
argues that the CCR Request improperly treated the names of certain
GFFP (QC) officials as business proprietary information and for this
reason the CCR Request should be rejected by Commerce.
---------------------------------------------------------------------------
\5\ See Petitioner's letter, ``Certain Softwood Lumber Products
from Canada: Comments on GreenFirst's Request for Changed
Circumstances Review,'' dated October 18, 2022 (Petitioner
Comments), at 3.
\6\ See Petitioner Comments at 9 and 10.
---------------------------------------------------------------------------
On October 20, 2022, Commerce held an ex-parte meeting with certain
government officials from the Government of Canada (GOC) in which
Canadian government officials expressed their support for GreenFirst's
CCR Request \7\ and, on October 24, 2022, the GOC submitted a letter to
Commerce expressing its support for GreenFirst's CCR Request.\8\
---------------------------------------------------------------------------
\7\ See Memorandum, ``Ex Parte Meeting with the Government of
Canada,'' dated October 21, 2022.
\8\ See GOC's Letter submitted on October 24, 2022 (ACCESS
Barcode: 4303828-01).
---------------------------------------------------------------------------
[[Page 69005]]
Scope of the Order
The merchandise covered by the Order is softwood lumber, siding,
flooring and certain other coniferous wood (softwood lumber products).
The scope includes:
Coniferous wood, sawn, or chipped lengthwise, sliced or
peeled, whether or not planed, whether or not sanded, or whether or not
finger-jointed, of an actual thickness exceeding six millimeters.
Coniferous wood siding, flooring, and other coniferous
wood (other than moldings and dowel rods), including strips and friezes
for parquet flooring, that is continuously shaped (including, but not
limited to, tongued, grooved, rebated, chamfered, V-jointed, beaded,
molded, rounded) along any of its edges, ends, or faces, whether or not
planed, whether or not sanded, or whether or not end-jointed.
Coniferous drilled and notched lumber and angle cut
lumber.
Coniferous lumber stacked on edge and fastened together
with nails, whether or not with plywood sheathing.
Components or parts of semi-finished or unassembled
finished products made from subject merchandise that would otherwise
meet the definition of the scope above.
Finished products are not covered by the scope of this Order. For
the purposes of this scope, finished products contain, or are comprised
of, subject merchandise and have undergone sufficient processing such
that they can no longer be considered intermediate products, and such
products can be readily differentiated from merchandise subject to this
Order at the time of importation. Such differentiation may, for
example, be shown through marks of special adaptation as a particular
product. The following products are illustrative of the type of
merchandise that is considered ``finished'' for the purpose of this
scope: I-joists; assembled pallets; cutting boards; assembled picture
frames; garage doors.
The following items are excluded from the scope of this Order:
Softwood lumber products certified by the Atlantic Lumber
Board as being first produced in the Provinces of Newfoundland and
Labrador, Nova Scotia, or Prince Edward Island from logs harvested in
Newfoundland and Labrador, Nova Scotia, or Prince Edward Island.
U.S.-origin lumber shipped to Canada for processing and
imported into the United States if the processing occurring in Canada
is limited to one or more of the following: (1) Kiln drying; (2)
planing to create smooth-to-size board; or (3) sanding.
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 must be radius-cut at both
ends. The kits must be individually packaged and must contain the exact
number of wooden components needed to make a particular box-spring
frame, with no further processing required. None of the components
exceeds 1'' in actual thickness or 83'' in length.
Radius-cut box-spring-frame components, not exceeding 1''
in actual thickness or 83'' in length, ready for assembly without
further processing. The radius cuts must be present on both ends of the
boards and must be substantially cut so as to completely round one
corner.
Softwood lumber product imports are generally entered under Chapter
44 of the Harmonized Tariff Schedule of the United States (HTSUS). This
chapter of the HTSUS covers ``Wood and articles of wood.'' Softwood
lumber products that are subject to this Order are currently
classifiable under the following ten-digit HTSUS subheadings in Chapter
44: 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; 4407.13.0000;
4407.14.0000; 4407.19.0001; 4407.19.0002; 4407.19.0054; 4407.19.0055;
4407.19.0056; 4407.19.0057; 4407.19.0064; 4407.19.0065; 4407.19.0066;
4407.19.0067; 4407.19.0068; 4407.19.0069; 4407.19.0074; 4407.19.0075;
4407.19.0076; 4407.19.0077; 4407.19.0082; 4407.19.0083; 4407.19.0092;
4407.19.0093; 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; 4418.30.0100; 4418.50.0010; 4418.50.0030; 4418.50.0050;
and 4418.99.10.00.
Subject merchandise as described above might be identified on entry
documentation as stringers, square cut box-spring-frame components,
fence pickets, truss components, pallet components, flooring, and door
and window frame parts. Items so identified might be entered under the
following ten-digit HTSUS subheadings in Chapter 44: 4415.20.40.00;
4415.20.80.00; 4418.99.9105; 4418.99.9120; 4418.99.9140; 4418.99.9195;
4421.99.70.40; and 4421.99.9880.
Although these HTSUS subheadings are provided for convenience and
customs purposes, the written description of the scope of this Order is
dispositive.
Initiation of CCR
Pursuant to section 751(b)(1)(A) of the Tariff Act of 1930, as
amended (the Act), and 19 CFR 351.216(d), Commerce will conduct a CCR
upon receipt of 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. In the past, Commerce has used CCRs to address the
applicability of cash deposit rates after there have been changes in
the name or structure of a respondent, such as a merger or spinoff
(successor-in interest or successorship determinations).\9\ The
information submitted by GreenFirst supporting its claim that GFFP (QC)
is the successor-in-interest to RYAM demonstrates changed circumstances
sufficient to warrant such a review.\10\ Therefore, in accordance with
section 751(b)(1)(A) of the Act and 19 CFR 351.216(d) and (e), we are
initiating this CCR based on the information contained in the
GreenFirst's CCR Request.\11\
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\9\ See, e.g., Diamond Sawblades and Parts Thereof from the
People's Republic of China: Initiation and Preliminary Results of
Antidumping Duty Changed Circumstances Review, 82 FR 51605 and 51606
(November 7, 2017), unchanged in Diamond Sawblades and Parts Thereof
from the People's Republic of China: Final Results of Antidumping
Duty Changed Circumstances Review, 82 FR 60177 (December 19, 2017).
\10\ See 19 CFR 351.216(d).
\11\ See CCR Request.
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Commerce will issue a questionnaire requesting additional
information for the review, and will publish in the Federal Register a
notice of the
[[Page 69006]]
preliminary results, in accordance with 19 CFR 351.221(b)(2) and (4),
and 19 CFR 351.221(c)(3)(i). The notice 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. Pursuant to
19 CFR 351.221(b)(4)(ii), interested parties will have an opportunity
to comment on the preliminary results. In accordance with 19 CFR
351.216(e), Commerce intends to issue the final results no later than
270 days after the date on which the review is initiated. Note that
Commerce has modified certain of its requirements for serving documents
containing business proprietary information until July 17, 2020, unless
extended.\12\
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\12\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 29615 (May 18,
2020).
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Notification to Interested Parties
This notice is published in accordance with sections 751(b)(1) and
777(i)(1) of the Act, and 19 CFR 351.216(b), 351.221(b), and
351.221(c)(3).
Dated: November 14, 2022.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2022-25075 Filed 11-16-22; 8:45 am]
BILLING CODE 3510-DS-P