Preliminary Results of Changed Circumstances Review: Antidumping Duty Order on Certain Softwood Lumber Products From Canada, 32733-32734 [2023-10858]

Download as PDF Federal Register / Vol. 88, No. 98 / Monday, May 22, 2023 / Notices Notification to Interested Parties Interested parties are invited to comment on the completeness of this list of completed scope inquiries and scope/circumvention inquiry combinations made during the period January 1, 2023, through March 31, 2023. Any comments should be submitted to the Deputy Assistant Secretary for AD/CVD Operations, Enforcement and Compliance, International Trade Administration, via email to CommerceCLU@trade.gov. This notice is published in accordance with 19 CFR 351.225(o). Dated: May 16, 2023. James Maeder, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2023–10854 Filed 5–19–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–122–857] Preliminary Results of Changed Circumstances Review: Antidumping Duty Order on Certain Softwood Lumber Products From Canada Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily determines that GreenFirst Forest Products (QC) Inc. (GreenFirst QC) is the successor-in-interest to Rayonier A.M. Canada G.P. (RYAM) and, accordingly, that subject merchandise produced and/or exported by GreenFirst QC should be assigned the cash deposit rate established for subject merchandise produced and/or exported by RYAM for purposes of the antidumping duty order on certain softwood lumber products (softwood lumber) from Canada. DATES: Applicable May 22, 2023. 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: ddrumheller on DSK120RN23PROD with NOTICES1 AGENCY: Background On November 17, 2022, Commerce published the initiation of a changed circumstances review (CCR) on the antidumping duty order 1 of softwood 1 See Certain Softwood Lumber Products from Canada: Antidumping Duty Order and Partial VerDate Sep<11>2014 18:54 May 19, 2023 Jkt 259001 lumber from Canada.2 Commerce declined to combine the Initiation Notice with the preliminary results of the CCR,3 citing the need to issue an additional supplemental questionnaire to GreenFirst Forest Products Inc. (GreenFirst Forest Products) and its subsidiary, GreenFirst QC (collectively, GreenFirst), regarding GreenFirst QC’s ownership and management, supplier base, and customer base.4 On December 16, 2022 and April 17, 2023, we issued supplemental questionnaires to GreenFirst requesting this information.5 On December 27, 2022 and April 24, 2023, GreenFirst timely responded to these supplemental questionnaires.6 On January 6 and 13, 2023, the Committee Overseeing Action for Lumber International Trade Investigations or Negotiations (COALITION) and GreenFirst submitted rebuttal and surrebuttal comments, respectively regarding GreenFirst’s First Supplemental Response.7 No other interested party submitted comments or factual information regarding GreenFirst’s request. Scope of the Order The products covered by the Order is softwood lumber from Canada. For a complete description of the scope of the Order, see the Preliminary Decision Memorandum.8 Legal Framework In determining whether one company is the successor-in-interest to another Amended Final Determination, 83 FR 350 (January 3, 2018) (Order). 2 See Certain Softwood Lumber Products from Canada: Initiation of Antidumping Duty Changed Circumstances Review, 87 FR 69004 (November 17, 2022) (Initiation Notice). 3 See 19 CFR 351.221(c)(3)(ii). 4 See Initiation Notice. 5 See Commerce’s Letters, ‘‘Investigation of Certain Softwood Lumber Products from Canada: Supplemental Questionnaire,’’ dated December 16, 2022; and ‘‘Changed Circumstances Review of Certain Softwood Lumber Products from Canada: Second Supplemental Questionnaire,’’ dated April 17, 2023. 6 See GreenFirst’s Letters, ‘‘Softwood Lumber from Canada: Supplemental Questionnaire Response,’’ dated December 27, 2022 (First Supplemental Response); and ‘‘Softwood Lumber from Canada: Second Supplemental Questionnaire Response,’’ dated April 24, 2023. 7 See COALITION’s Letter, ‘‘Certain Softwood Lumber Products from Canada: Comments on GreenFirst’s Response to Supplemental Questionnaire,’’ dated January 6, 2023; see also GreenFirst’s Letter, ‘‘Softwood Lumber from Canada: Rebuttal Factual Information and Comments on Petitioner’s January 6, 2023, Submission,’’ dated January 13, 2023. 8 See Memorandum, ‘‘Decision Memorandum for the Preliminary Results of Changed Circumstances Review: Certain Softwood Lumber Products from Canada,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 32733 company as part of an antidumping duty proceeding, Commerce examines several factors including, but not limited to: (1) management and ownership; (2) production facilities; (3) supplier relationships; and (4) customer base.9 Although no single, or even several, of these factors will necessarily provide a dispositive indication of succession, generally, Commerce will consider a company to be the successorin-interest if its resulting operation is not materially dissimilar to that of its predecessor.10 Thus, if the ‘‘totality of circumstances’’ demonstrate that, with respect to the production and sale of the subject merchandise, the new company operates as essentially the same business entity as the prior company, Commerce will assign the successor-ininterest the cash deposit rate of its predecessor.11 Preliminary Results of Review We preliminarily determine that GreenFirst QC is the successor-ininterest to RYAM for purposes of the Order. Record evidence submitted by GreenFirst indicates that, based on the totality of the circumstances under Commerce’s successor-in-interest criteria, GreenFirst QC operates as materially the same business entity as RYAM with respect to the production and sale of subject merchandise. In particular, we preliminarily find that while the management structure is materially dissimilar under Greenfirst QC from RYAM, there were not substantial changes in ownership. In addition, we preliminarily find that GreenFirst’s production facilities, supplier relationships, and customer base with regard to the subject merchandise are substantially the same as RYAM’s before GreenFirst’s acquisition of RYAM’s lumber assets. Therefore, based on record evidence, we preliminarily determine that GreenFirst QC is the successor-ininterest to RYAM, and the cash deposit rate assigned to RYAM should be the rate for GreenFirst QC as a result of this successor-in-interest finding. Should Commerce’s final results of review remain the same as these preliminary results of review, GreenFirst QC will be 9 See, e.g., Ball Bearings and Parts Thereof from France: Final Results of Changed-Circumstances Review, 75 FR 34688 (June 18, 2010), and accompanying Issues and Decision Memorandum (IDM) at Comment 1. 10 See, e.g., Fresh and Chilled Atlantic Salmon from Norway; Final Results of Changed Circumstances Antidumping Duty Administrative Review, 64 FR 9979, 9980 (March 1, 1999). 11 Id.; see also Brass Sheet and Strip from Canada: Final Results of Administrative Review, 57 FR 20461 (May 13, 1992), and accompanying IDM at Comment 1. E:\FR\FM\22MYN1.SGM 22MYN1 32734 Federal Register / Vol. 88, No. 98 / Monday, May 22, 2023 / Notices Notification to Interested Parties Agenda This notice is published in accordance with sections 751(b)(1) and 777(i)(1) of the Tariff Act of 1930, as amended and 19 CFR 351.221(b)(4). The Risk Policy Working Group (RPWG) will address the terms of reference (TORs) approved by the New England Fishery Management Council (Council), including progress made in reviewing the Council’s current Risk Policy, and Risk Policy Road Map (TOR 1). The RPWG will also begin considering possible changes to the Risk Policy (TOR 2), focusing on goals and objectives, identifying and defining key terms, and outlining how an updated Risk Policy could interact with existing ABC control rules used in each of the Council’s Fishery Management Plans. Other business will be discussed, if necessary. Although non-emergency issues not contained on the agenda may come before this Council for discussion, those issues may not be the subject of formal action during this meeting. Council action will be restricted to those issues specifically listed in this notice and any issues arising after publication of this notice that require emergency action under section 305(c) of the MagnusonStevens Act, provided the public has been notified of the Council’s intent to take final action to address the emergency. The public also should be aware that the meeting will be recorded. Consistent with 16 U.S.C. 1852, a copy of the recording is available upon request. Eastern Time on the day on which it is due. Pursuant to 19 CFR 351.310(c), any interested party may request a hearing within 30 days of publication of this notice in the Federal Register. 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. Public Comment Dated: May 16, 2023. Ryan Majerus, Deputy Assistant Secretary for Policy and Negotiations. In accordance with 19 CFR 351.309(c)(1)(ii), interested parties may submit case briefs not later than 30 days 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 due date for case briefs, in accordance with 19 CFR 351.309(d).13 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 via ACCESS and must be served on interested parties.15 Note that Commerce has temporarily modified certain of its requirements for serving documents containing business proprietary information, until further notice.16 An electronically filed document must be received successfully in its entirety by ACCESS by 5:00 p.m. ddrumheller on DSK120RN23PROD with NOTICES1 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 this review was initiated. person with a webinar option. Recommendations from this group will be brought to the full Council for formal consideration and action, if appropriate. DATES: This meeting will be held on Thursday, June 8, 2023, at 9 a.m. ADDRESSES: Meeting address: This meeting will be held at the enVision Hotel and Conference Center (formerly Holiday Inn), 31 Hampshire Street, Mansfield, MA 02048; telephone: (508) 339–2200. Webinar registration URL information: https:// attendee.gotowebinar.com/register/ 3833909516029682784. Council address: New England Fishery Management Council, 50 Water Street, Mill 2, Newburyport, MA 01950. FOR FURTHER INFORMATION CONTACT: Thomas A. Nies, Executive Director, New England Fishery Management Council; telephone: (978) 465–0492. SUPPLEMENTARY INFORMATION: assigned the cash deposit rate currently assigned to RYAM with respect to the subject merchandise (i.e., 4.76 percent).12 Therefore, we will instruct U.S. Customs and Border Protection to suspend liquidation of entries of softwood lumber from Canada produced and/or exported by GreenFirst QC, effective on the publication date of the final results, at the cash deposit rate for estimated antidumping duties assigned to RYAM. For the complete successor-in-interest analysis, see the Preliminary Decision Memorandum. A list of topics discussed in the Preliminary Decision Memorandum is included as the appendix to this notice. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https:// access.trade.gov. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at https://access.trade.gov/public/ FRNoticesListLayout.aspx. 12 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). 13 Commerce is exercising its discretion under 19 CFR 351.309(d)(1) to alter the time limit for the filing of rebuttal briefs. 14 See 19 CFR 351.30(c)(2) and (d)(2). 15 See generally 19 CFR 351.303. 16 See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19; Extension of Effective Period, 85 FR 41363 (July 10, 2020). VerDate Sep<11>2014 18:54 May 19, 2023 Jkt 259001 Final Results of Review Appendix—List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Successor-in-Interest Determination V. Recommendation [FR Doc. 2023–10858 Filed 5–19–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [RTID 0648–XD018] New England Fishery Management Council; Public Meeting National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of a public meeting. AGENCY: The New England Fishery Management Council (Council) is scheduling a public hybrid meeting of its Risk Policy Working Group to consider actions affecting New England fisheries in the exclusive economic zone (EEZ). This meeting will be held in SUMMARY: PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 Special Accommodations This meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Thomas A. Nies, Executive Director, at E:\FR\FM\22MYN1.SGM 22MYN1

Agencies

[Federal Register Volume 88, Number 98 (Monday, May 22, 2023)]
[Notices]
[Pages 32733-32734]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10858]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-122-857]


Preliminary Results of Changed Circumstances Review: Antidumping 
Duty Order on Certain Softwood Lumber Products From Canada

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that GreenFirst Forest Products (QC) Inc. (GreenFirst QC) is 
the successor-in-interest to Rayonier A.M. Canada G.P. (RYAM) and, 
accordingly, that subject merchandise produced and/or exported by 
GreenFirst QC should be assigned the cash deposit rate established for 
subject merchandise produced and/or exported by RYAM for purposes of 
the antidumping duty order on certain softwood lumber products 
(softwood lumber) from Canada.

DATES: Applicable May 22, 2023.

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 November 17, 2022, Commerce published the initiation of a 
changed circumstances review (CCR) on the antidumping duty order \1\ of 
softwood lumber from Canada.\2\ Commerce declined to combine the 
Initiation Notice with the preliminary results of the CCR,\3\ citing 
the need to issue an additional supplemental questionnaire to 
GreenFirst Forest Products Inc. (GreenFirst Forest Products) and its 
subsidiary, GreenFirst QC (collectively, GreenFirst), regarding 
GreenFirst QC's ownership and management, supplier base, and customer 
base.\4\ On December 16, 2022 and April 17, 2023, we issued 
supplemental questionnaires to GreenFirst requesting this 
information.\5\ On December 27, 2022 and April 24, 2023, GreenFirst 
timely responded to these supplemental questionnaires.\6\ On January 6 
and 13, 2023, the Committee Overseeing Action for Lumber International 
Trade Investigations or Negotiations (COALITION) and GreenFirst 
submitted rebuttal and surrebuttal comments, respectively regarding 
GreenFirst's First Supplemental Response.\7\ No other interested party 
submitted comments or factual information regarding GreenFirst's 
request.
---------------------------------------------------------------------------

    \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: Initiation 
of Antidumping Duty Changed Circumstances Review, 87 FR 69004 
(November 17, 2022) (Initiation Notice).
    \3\ See 19 CFR 351.221(c)(3)(ii).
    \4\ See Initiation Notice.
    \5\ See Commerce's Letters, ``Investigation of Certain Softwood 
Lumber Products from Canada: Supplemental Questionnaire,'' dated 
December 16, 2022; and ``Changed Circumstances Review of Certain 
Softwood Lumber Products from Canada: Second Supplemental 
Questionnaire,'' dated April 17, 2023.
    \6\ See GreenFirst's Letters, ``Softwood Lumber from Canada: 
Supplemental Questionnaire Response,'' dated December 27, 2022 
(First Supplemental Response); and ``Softwood Lumber from Canada: 
Second Supplemental Questionnaire Response,'' dated April 24, 2023.
    \7\ See COALITION's Letter, ``Certain Softwood Lumber Products 
from Canada: Comments on GreenFirst's Response to Supplemental 
Questionnaire,'' dated January 6, 2023; see also GreenFirst's 
Letter, ``Softwood Lumber from Canada: Rebuttal Factual Information 
and Comments on Petitioner's January 6, 2023, Submission,'' dated 
January 13, 2023.
---------------------------------------------------------------------------

Scope of the Order

    The products covered by the Order is softwood lumber from Canada. 
For a complete description of the scope of the Order, see the 
Preliminary Decision Memorandum.\8\
---------------------------------------------------------------------------

    \8\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of Changed Circumstances Review: Certain Softwood Lumber 
Products from Canada,'' dated concurrently with, and hereby adopted 
by, this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------

Legal Framework

    In determining whether one company is the successor-in-interest to 
another company as part of an antidumping duty proceeding, Commerce 
examines several factors including, but not limited to: (1) management 
and ownership; (2) production facilities; (3) supplier relationships; 
and (4) customer base.\9\ Although no single, or even several, of these 
factors will necessarily provide a dispositive indication of 
succession, generally, Commerce will consider a company to be the 
successor-in-interest if its resulting operation is not materially 
dissimilar to that of its predecessor.\10\ Thus, if the ``totality of 
circumstances'' demonstrate that, with respect to the production and 
sale of the subject merchandise, the new company operates as 
essentially the same business entity as the prior company, Commerce 
will assign the successor-in-interest the cash deposit rate of its 
predecessor.\11\
---------------------------------------------------------------------------

    \9\ See, e.g., Ball Bearings and Parts Thereof from France: 
Final Results of Changed-Circumstances Review, 75 FR 34688 (June 18, 
2010), and accompanying Issues and Decision Memorandum (IDM) at 
Comment 1.
    \10\ See, e.g., Fresh and Chilled Atlantic Salmon from Norway; 
Final Results of Changed Circumstances Antidumping Duty 
Administrative Review, 64 FR 9979, 9980 (March 1, 1999).
    \11\ Id.; see also Brass Sheet and Strip from Canada: Final 
Results of Administrative Review, 57 FR 20461 (May 13, 1992), and 
accompanying IDM at Comment 1.
---------------------------------------------------------------------------

Preliminary Results of Review

    We preliminarily determine that GreenFirst QC is the successor-in-
interest to RYAM for purposes of the Order. Record evidence submitted 
by GreenFirst indicates that, based on the totality of the 
circumstances under Commerce's successor-in-interest criteria, 
GreenFirst QC operates as materially the same business entity as RYAM 
with respect to the production and sale of subject merchandise. In 
particular, we preliminarily find that while the management structure 
is materially dissimilar under Greenfirst QC from RYAM, there were not 
substantial changes in ownership. In addition, we preliminarily find 
that GreenFirst's production facilities, supplier relationships, and 
customer base with regard to the subject merchandise are substantially 
the same as RYAM's before GreenFirst's acquisition of RYAM's lumber 
assets.
    Therefore, based on record evidence, we preliminarily determine 
that GreenFirst QC is the successor-in-interest to RYAM, and the cash 
deposit rate assigned to RYAM should be the rate for GreenFirst QC as a 
result of this successor-in-interest finding. Should Commerce's final 
results of review remain the same as these preliminary results of 
review, GreenFirst QC will be

[[Page 32734]]

assigned the cash deposit rate currently assigned to RYAM with respect 
to the subject merchandise (i.e., 4.76 percent).\12\ Therefore, we will 
instruct U.S. Customs and Border Protection to suspend liquidation of 
entries of softwood lumber from Canada produced and/or exported by 
GreenFirst QC, effective on the publication date of the final results, 
at the cash deposit rate for estimated antidumping duties assigned to 
RYAM.
---------------------------------------------------------------------------

    \12\ 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).
---------------------------------------------------------------------------

    For the complete successor-in-interest analysis, see the 
Preliminary Decision Memorandum. A list of topics discussed in the 
Preliminary Decision Memorandum is included as the appendix to this 
notice. The Preliminary Decision Memorandum is a public document and is 
on file electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (ACCESS). 
ACCESS is available to registered users at https://access.trade.gov. In 
addition, a complete version of the Preliminary Decision Memorandum can 
be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Public Comment

    In accordance with 19 CFR 351.309(c)(1)(ii), interested parties may 
submit case briefs not later than 30 days 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 due date for 
case briefs, in accordance with 19 CFR 351.309(d).\13\ 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\
---------------------------------------------------------------------------

    \13\ Commerce is exercising its discretion under 19 CFR 
351.309(d)(1) to alter the time limit for the filing of rebuttal 
briefs.
    \14\ See 19 CFR 351.30(c)(2) and (d)(2).
---------------------------------------------------------------------------

    All comments are to be filed electronically via ACCESS and must be 
served on interested parties.\15\ Note that Commerce has temporarily 
modified certain of its requirements for serving documents containing 
business proprietary information, until further notice.\16\ An 
electronically filed document must be received successfully in its 
entirety by ACCESS by 5:00 p.m. Eastern Time on the day on which it is 
due.
---------------------------------------------------------------------------

    \15\ See generally 19 CFR 351.303.
    \16\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020).
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310(c), any interested party may request a 
hearing within 30 days of publication of this notice in the Federal 
Register. 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.

Final Results of Review

    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 this 
review was initiated.

Notification to Interested Parties

    This notice is published in accordance with sections 751(b)(1) and 
777(i)(1) of the Tariff Act of 1930, as amended and 19 CFR 
351.221(b)(4).

    Dated: May 16, 2023.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations.

Appendix--List of Topics Discussed in the Preliminary Decision 
Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Successor-in-Interest Determination
V. Recommendation

[FR Doc. 2023-10858 Filed 5-19-23; 8:45 am]
BILLING CODE 3510-DS-P
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