Certain Softwood Lumber From Canada: Notice of Initiation of Changed Circumstances Review, 48440-48442 [2023-15951]
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Federal Register / Vol. 88, No. 143 / Thursday, July 27, 2023 / Notices
requirements will remain in effect until
further notice.
Administrative Protective Order
This notice will serve as the only
reminder to parties subject to
administrative protective order (APO) of
their responsibility concerning the
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of return/
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and the terms of an
APO is a sanctionable violation.
Notification to Interested Parties
This determination is published in
accordance with section 781(c) of the
Act and 19 CFR 351.226(g)(2).
Dated: July 21, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2023–15947 Filed 7–26–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–122–858]
Certain Softwood Lumber From
Canada: Notice of Initiation of
Changed Circumstances Review
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: Based on a request from the
Committee Overseeing Action for
Lumber International Trade
Investigations or Negotiations (the
petitioner), the U.S. Department of
Commerce (Commerce) is initiating a
changed circumstances review (CCR) of
the countervailing duty (CVD) order on
certain softwood lumber from Canada.
DATES: Applicable July 27, 2023.
FOR FURTHER INFORMATION CONTACT:
Samuel Brummitt, 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) 482–7851.
SUPPLEMENTARY INFORMATION:
ddrumheller on DSK120RN23PROD with NOTICES1
AGENCY:
Background
On January 3, 2018, Commerce
published the CVD order on certain
softwood lumber from Canada.1 On May
1 See Certain Softwood Lumber Products from
Canada: Amended Final Affirmative Countervailing
VerDate Sep<11>2014
17:21 Jul 26, 2023
Jkt 259001
11, 2023, the petitioner requested that
Commerce initiate a CCR of the Order,
pursuant to section 751(b)(1) of the
Tariff Act of 1930, as amended (the Act),
19 CFR 351.216, and 19 CFR
251.221(c)(3).2 Specifically, the
petitioner requests that Commerce
determine that Interfor Corporation,
EACOM Timber Corporation, Chaleur
Forest Products Inc., and Chaleur Forest
Products LP are cross-owned entities.3
Scope of the Order
The merchandise covered by this
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
Duty Determination and Countervailing Duty Order,
83 FR 347 (January 3, 2018) (Order).
2 See the Petitioner’s Letter, ‘‘Certain Softwood
Lumber Products from Canada: Request for Changed
Circumstances Review,’’ dated May 11, 2023
(Petitioner’s Request for CCR).
3 Id.
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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 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:
4406.11.00.00; 4406.91.00.00;
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;
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Federal Register / Vol. 88, No. 143 / Thursday, July 27, 2023 / Notices
ddrumheller on DSK120RN23PROD with NOTICES1
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;
4407.13.00.00; 4407.14.00.00;
4407.19.00.01; 4407.19.00.02;
4407.19.00.54; 4407.19.00.55;
4407.19.00.56; 4407.19.00.57;
4407.19.00.64; 4407.19.00.65;
4407.19.00.66; 4407.19.00.67;
4407.19.00.68; 4407.19.00.69;
4407.19.00.74; 4407.19.00.75;
4407.19.00.76; 4407.19.00.77;
4407.19.00.82; 4407.19.00.83;
4407.19.00.92; 4407.19.00.93;
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;
4418.30.01.00; 4418.50.00.10;
4418.50.00.30; 4418.50.0050; and
4418.99.10.00; 4418.99.91.05;
4418.99.91.20; 4418.99.91.40;
4418.99.91.95; 4421.99.98.80.4
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; 4418.99.90.05;
4418.99.90.20; 4418.99.90.40;
4 The following HTSUS numbers have been
deleted, deactivated, replaced, or are invalid:
4407.10.0101, 4407.10.0102, 4407.10.0115,
4407.10.0116, 4407.10.0117, 4407.10.0118,
4407.10.0119, 4407.10.0120, 4407.10.0142,
4407.10.0143, 4407.10.0144, 4407.10.0145,
4407.10.0146, 4407.10.0147, 4407.10.0148,
4407.10.0149, 4407.10.0152, 4407.10.0153,
4407.10.0154, 4407.10.0155, 4407.10.0156,
4407.10.0157, 4407.10.0158, 4407.10.0159,
4407.10.0164, 4407.10.0165, 4407.10.0166,
4407.10.0167, 4407.10.0168, 4407.10.0169,
4407.10.0174, 4407.10.0175, 4407.10.0176,
4407.10.0177, 4407.10.0182, 4407.10.0183,
4407.10.0192, 4407.10.0193; and 4418.90.2500.
These HTSUS numbers however have not been
deactivated in CBP’s ACE secure data portal, as they
could be associated with entries of unliquidated
subject merchandise.
VerDate Sep<11>2014
17:21 Jul 26, 2023
Jkt 259001
4418.99.90.95; 4421.99.70.40; and
4421.99.97.80.
Although these HTSUS subheadings
are provided for convenience and
customs purposes, the written
description of the scope of this Order is
dispositive.5
Initiation of Changed Circumstances
Review
Pursuant to section 751(b) of the Act,
Commerce will conduct a CCR upon
receipt of a request from an interested
party 6 that shows changed
circumstances sufficient to warrant a
review of an order. In accordance with
19 CFR 351.216(d), Commerce
determines that the Petitioner’s Request
for CCR constitutes a sufficient basis to
conduct a CCR of the Order. Therefore,
in accordance with section 751(b)(1)(A)
of the Act and 19 CFR 351.216(d), we
are initiating a CCR based upon the
information contained in the
Petitioner’s Request for CCR.
Neither the Act, the Statement of
Administrative Action Accompanying
the Uruguay Round Agreements Act, or
Commerce’s regulations offer a
definition of the term ‘‘changed
circumstances,’’ nor do they explain
what aspects of a determination may be
reconsidered in light of such changed
circumstances. Commerce has in the
past conducted CCRs regarding a variety
of issues.7
This CCR is a request to investigate
potential cross-ownership among four
exporter/producers subject to the Order
that have never been selected for
individual examination: Interfor
Corporation, EACOM Timber
Corporation, Chaleur Forest Products
Inc., and Chaleur Forest Products LP.8
Order, 83 FR at 349.
petitioner is an ad hoc association and the
majority the members of the association are
composed of interested parties as described in
section 771(9)(C), (D), and (E) of the Act, with
respect to a domestic like product.
7 See, e.g., Aluminum Extrusions from the
People’s Republic of China: Initiation and
Preliminary Results of Expedited Changed
Circumstances Review, 83 FR 34548 (July 20, 2018)
(finding sufficient information to initiate a CCR to
recalculate certain cash deposit rates); see also
Certain Steel Nails from Malaysia: Final Results of
the Changed Circumstances Review, 82 FR 34476
(July 25, 2017) (finding sufficient information and
‘‘good cause’’ to initiate a CCR to evaluate whether
a company was properly utilizing the correct cash
deposit rate).
8 We note that the nature of this CCR request is
distinct from that of a CVD ‘‘successor-in-interest’’
(SII) CCR request that Commerce more commonly
receives, which clarifies the appropriate cash
deposit rate for an entity and which is governed by
the practice laid out in Certain Pasta from Turkey:
Preliminary Results of Countervailing Duty
Changed Circumstances Review, 74 FR 47225
(September 15, 2009), unchanged in Certain Pasta
from Turkey: Final Results of Countervailing Duty
Changed Circumstances Review, 74 FR 54022
(October 21, 2009).
PO 00000
5 See
6 The
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48441
A potential affirmative finding of
cross-ownership regarding Interfor
Corporation, EACOM Timber
Corporation, Chaleur Forest Products
Inc., and Chaleur Forest Products LP
could result in a cross-owned entity that
is large enough to be selected as a
respondent in a future administrative
review.9 We note that this request arises
in the context of a longstanding
proceeding that is generally
characterized by the relatively dominant
position of a handful of large Canadian
producers/exporters that routinely get
selected as mandatory respondents
within a broader field of dozens of
much smaller producers/exporters.
Accordingly, recognizing it is not
Commerce’s general practice to
routinely initiate CCR requests in
proceedings simply because there may
be some indication of cross-ownership
between two or more exporters, we find
the circumstances here to be relatively
unique. Moreover, the petitioner has
provided a sufficient factual basis to
support initiation of this CCR.
For the reasons outlined above,
Commerce determines that the issue
raised by the petitioner of whether
Interfor Corporation, EACOM Timber
Corporation, Chaleur Forest Products
Inc., and Chaleur Forest Products LP are
cross-owned constitutes a sufficient
basis to conduct a CCR of the Order.
Accordingly, in accordance with section
751(b)(1)(A) of the Act and 19 CFR
351.216(d), we are initiating a CCR
based upon the information contained
in the petitioner’s submission.
In the event that Commerce
determines an expedited action is
warranted, 19 CFR 351.221(c)(3)(ii)
permits Commerce to combine the
notice of initiation of the review and the
preliminary results of review into a
single notice. However, we are not
combining this notice of initiation with
the preliminary results, pursuant to 19
CFR 351.221(c)(3)(ii), because
Commerce has determined that it is
necessary to issue a questionnaire to
Interfor Corporation and gather
additional information regarding the
company’s corporate structure and
ownership. After examining any
properly filed comments and following
up with any additional questionnaires
as needed, we intend to issue the
preliminary results of this CCR.
Preliminary and Final Results of the
CCR
Commerce intends to publish in the
Federal Register a notice of the
9 This is relevant given Commerce’s longstanding
practice not to make de novo cross-ownership
findings at the respondent selection stage.
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Federal Register / Vol. 88, No. 143 / Thursday, July 27, 2023 / Notices
preliminary results of this CCR in
accordance with 19 CFR 351.221(b)(4)
and (c)(3)(i). Commerce will set forth its
preliminary factual and legal
conclusions in that notice regarding the
factual question of whether Interfor
Corporation, EACOM Timber
Corporation, Chaleur Forest Products
Inc., and Chaleur Forest Products LP are
cross-owned.10 Unless extended,
Commerce will issue the final results of
this CCR in accordance with the time
limits set forth in 19 CFR 351.216(e).
Notification to Interested Parties
This initiation notice is published in
accordance with section 751(b)(1) of the
Act, 19 CFR 351.216(d), and 19 CFR
351.221(b)(1).
Dated: July 21, 2023.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2023–15951 Filed 7–26–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–867]
Welded Stainless Pressure Pipe From
India: Amended Final Results of
Antidumping Duty Administrative
Review; 2020–2021
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) is amending the
final results of the administrative review
of the antidumping duty order on
welded stainless pressure pipe (WSPP)
from India to correct certain ministerial
errors. The period of review is
November 1, 2020, through October 31,
2021.
DATES: Applicable July 27, 2023.
FOR FURTHER INFORMATION CONTACT: John
Conniff, 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) 482–1009.
SUPPLEMENTARY INFORMATION:
ddrumheller on DSK120RN23PROD with NOTICES1
AGENCY:
Background
On June 9, 2023, Commerce published
the Final Results of the 2020–2021
administrative review of WSPP from
10 Commerce does not intend to identify in this
CCR the appropriate cash deposit rate in the event
these parties are determined to be cross-owned, as
that is the purpose of a SII CCR review.
VerDate Sep<11>2014
17:21 Jul 26, 2023
Jkt 259001
India.1 Additionally, on June 7, 2023,
Commerce informed interested parties
that it had disclosed all calculations for
the Final Results and provided them
with the opportunity to submit
ministerial error comments.2
Subsequently, on June 12, 2023,
Commerce received a timely-filed
allegation on behalf of the Felker
Brothers Corporation (the petitioner)
regarding the calculation of the final
weighted-average dumping margin for
Ratnamani Metals & Tubes Ltd. India’s
(Ratnamani).3 No other interested party
submitted comments.
Legal Framework
Section 751(h) of the Tariff Act of
1930, as amended, (the Act), and 19 CFR
351.224(f) defines a ‘‘ministerial error’’
as including ‘‘errors in addition,
subtraction, or other arithmetic
function, clerical errors resulting from
inaccurate copying, duplication, or the
like, and any other unintentional error
which the administering authority
considers ministerial.’’ With respect to
final results of administrative reviews,
19 CFR 351.224(e) provides that
Commerce ‘‘will analyze any comments
received and, if appropriate, correct any
ministerial error by amending . . . the
final results of review . . . .’’
Ministerial Error
The petitioner alleges that Commerce
made a ministerial error in the Final
Results, within the meaning of section
751(h) of the Act and 19 CFR 351.224(f),
when valuing international movement
expenses for Ratnamani’s final dumping
margin calculations. In particular, the
petitioner argues that Commerce
unintentionally excluded certain
movement expenses when it made
adjustments for other reported U.S.
price-related expenses, noting that it is
Commerce’s practice to include these
expenses in the calculation of net U.S.
price. This error resulted in an incorrect
weighted-average dumping margin
calculated for Ratnamani.4
We agree with the petitioner that a
ministerial error was made in not
including certain international
movement expenses in the final
calculation of Ratnamani’s net U.S.
price. In the Preliminary Results,
Commerce stated that it had ‘‘calculated
1 See Welded Stainless Pressure Pipe from India:
Final Results of Antidumping Duty Administrative
Review; 2020–2021, 88 FR 37858 (June 9, 2023)
(Final Results), and accompanying Issues and
Decision Memorandum.
2 See Memorandum, ‘‘Deadline for Ministerial
Error Comments,’’ dated June 7, 2023.
3 See Petitioner’s Letter, ‘‘Ministerial Error
Comments Concerning Ratnamani Metals & Tubes
Ltd. India,’’ dated June 12, 2023.
4 Id. at 2.
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export price in accordance with
772(c)(2)(A) of the Act and, where
appropriate, made adjustments to the
starting price for billing adjustments
while deductions were made for inland
freight from the plant or warehouse to
the port of exportation and Indian and
U.S. brokerage and handling fees.’’ 5 We
have revised the margin calculations for
Ratnamani to include the movement
expenses in question.
Details of Commerce’s analysis of the
petitioner’s ministerial error allegation
are included in the Ministerial Error
Allegation Memorandum.6 The
Ministerial Error Allegation
Memorandum is a public document and
is available 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.
Accordingly, pursuant to 19 CFR
351.224(e), Commerce is amending the
Final Results to reflect the correction of
this ministerial error in the calculation
of the weighted-average dumping
margin assigned to Ratnamani, which
changes from 7.57 percent to 7.96
percent.7 Furthermore, because
Ratnamani was the sole respondent in
this administrative review, we are also
applying this amended rate to those
companies not selected for individual
examination in this review.
Amended Final Results of Review
As a result of correcting these
ministerial errors, Commerce
determines that the following weightedaverage dumping margins exist for the
period November 1, 2020, through
October 31, 2021:
Producer or exporter
Ratnamani Metals & Tubes
Ltd .....................................
Non-Selected Companies 8 ..
Weightedaverage
dumping
margin
(percent)
7.96
7.96
5 See Welded Stainless Pressure Pipe from India:
Preliminary Results and Partial Rescission of
Antidumping Duty Administrative Review; 2020–
2021, 87 FR 74602 (December 6, 2022), and
accompanying Preliminary Decision Memorandum
at 8.
6 See Memorandum, ‘‘Ministerial Error
Allegation,’’ dated concurrently with this notice
(Ministerial Error Allegation Memorandum).
7 See Memorandum, ‘‘Amended Final Results
Analysis Memorandum for Ratnamani Metals &
Tubes Ltd.,’’ dated concurrently with this notice.
8 See the Appendix to this notice for a full list of
the companies not individually examined in this
review.
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]]>Agencies
[Federal Register Volume 88, Number 143 (Thursday, July 27, 2023)]
[Notices]
[Pages 48440-48442]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15951]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-122-858]
Certain Softwood Lumber From Canada: Notice of Initiation of
Changed Circumstances Review
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on a request from the Committee Overseeing Action for
Lumber International Trade Investigations or Negotiations (the
petitioner), the U.S. Department of Commerce (Commerce) is initiating a
changed circumstances review (CCR) of the countervailing duty (CVD)
order on certain softwood lumber from Canada.
DATES: Applicable July 27, 2023.
FOR FURTHER INFORMATION CONTACT: Samuel Brummitt, 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) 482-7851.
SUPPLEMENTARY INFORMATION:
Background
On January 3, 2018, Commerce published the CVD order on certain
softwood lumber from Canada.\1\ On May 11, 2023, the petitioner
requested that Commerce initiate a CCR of the Order, pursuant to
section 751(b)(1) of the Tariff Act of 1930, as amended (the Act), 19
CFR 351.216, and 19 CFR 251.221(c)(3).\2\ Specifically, the petitioner
requests that Commerce determine that Interfor Corporation, EACOM
Timber Corporation, Chaleur Forest Products Inc., and Chaleur Forest
Products LP are cross-owned entities.\3\
---------------------------------------------------------------------------
\1\ See Certain Softwood Lumber Products from Canada: Amended
Final Affirmative Countervailing Duty Determination and
Countervailing Duty Order, 83 FR 347 (January 3, 2018) (Order).
\2\ See the Petitioner's Letter, ``Certain Softwood Lumber
Products from Canada: Request for Changed Circumstances Review,''
dated May 11, 2023 (Petitioner's Request for CCR).
\3\ Id.
---------------------------------------------------------------------------
Scope of the Order
The merchandise covered by this 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 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: 4406.11.00.00; 4406.91.00.00; 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;
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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; 4407.13.00.00; 4407.14.00.00;
4407.19.00.01; 4407.19.00.02; 4407.19.00.54; 4407.19.00.55;
4407.19.00.56; 4407.19.00.57; 4407.19.00.64; 4407.19.00.65;
4407.19.00.66; 4407.19.00.67; 4407.19.00.68; 4407.19.00.69;
4407.19.00.74; 4407.19.00.75; 4407.19.00.76; 4407.19.00.77;
4407.19.00.82; 4407.19.00.83; 4407.19.00.92; 4407.19.00.93;
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; 4418.30.01.00; 4418.50.00.10;
4418.50.00.30; 4418.50.0050; and 4418.99.10.00; 4418.99.91.05;
4418.99.91.20; 4418.99.91.40; 4418.99.91.95; 4421.99.98.80.\4\
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\4\ The following HTSUS numbers have been deleted, deactivated,
replaced, or are invalid: 4407.10.0101, 4407.10.0102, 4407.10.0115,
4407.10.0116, 4407.10.0117, 4407.10.0118, 4407.10.0119,
4407.10.0120, 4407.10.0142, 4407.10.0143, 4407.10.0144,
4407.10.0145, 4407.10.0146, 4407.10.0147, 4407.10.0148,
4407.10.0149, 4407.10.0152, 4407.10.0153, 4407.10.0154,
4407.10.0155, 4407.10.0156, 4407.10.0157, 4407.10.0158,
4407.10.0159, 4407.10.0164, 4407.10.0165, 4407.10.0166,
4407.10.0167, 4407.10.0168, 4407.10.0169, 4407.10.0174,
4407.10.0175, 4407.10.0176, 4407.10.0177, 4407.10.0182,
4407.10.0183, 4407.10.0192, 4407.10.0193; and 4418.90.2500. These
HTSUS numbers however have not been deactivated in CBP's ACE secure
data portal, as they could be associated with entries of
unliquidated subject merchandise.
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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; 4418.99.90.05; 4418.99.90.20; 4418.99.90.40;
4418.99.90.95; 4421.99.70.40; and 4421.99.97.80.
Although these HTSUS subheadings are provided for convenience and
customs purposes, the written description of the scope of this Order is
dispositive.\5\
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\5\ See Order, 83 FR at 349.
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Initiation of Changed Circumstances Review
Pursuant to section 751(b) of the Act, Commerce will conduct a CCR
upon receipt of a request from an interested party \6\ that shows
changed circumstances sufficient to warrant a review of an order. In
accordance with 19 CFR 351.216(d), Commerce determines that the
Petitioner's Request for CCR constitutes a sufficient basis to conduct
a CCR of the Order. Therefore, in accordance with section 751(b)(1)(A)
of the Act and 19 CFR 351.216(d), we are initiating a CCR based upon
the information contained in the Petitioner's Request for CCR.
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\6\ The petitioner is an ad hoc association and the majority the
members of the association are composed of interested parties as
described in section 771(9)(C), (D), and (E) of the Act, with
respect to a domestic like product.
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Neither the Act, the Statement of Administrative Action
Accompanying the Uruguay Round Agreements Act, or Commerce's
regulations offer a definition of the term ``changed circumstances,''
nor do they explain what aspects of a determination may be reconsidered
in light of such changed circumstances. Commerce has in the past
conducted CCRs regarding a variety of issues.\7\
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\7\ See, e.g., Aluminum Extrusions from the People's Republic of
China: Initiation and Preliminary Results of Expedited Changed
Circumstances Review, 83 FR 34548 (July 20, 2018) (finding
sufficient information to initiate a CCR to recalculate certain cash
deposit rates); see also Certain Steel Nails from Malaysia: Final
Results of the Changed Circumstances Review, 82 FR 34476 (July 25,
2017) (finding sufficient information and ``good cause'' to initiate
a CCR to evaluate whether a company was properly utilizing the
correct cash deposit rate).
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This CCR is a request to investigate potential cross-ownership
among four exporter/producers subject to the Order that have never been
selected for individual examination: Interfor Corporation, EACOM Timber
Corporation, Chaleur Forest Products Inc., and Chaleur Forest Products
LP.\8\
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\8\ We note that the nature of this CCR request is distinct from
that of a CVD ``successor-in-interest'' (SII) CCR request that
Commerce more commonly receives, which clarifies the appropriate
cash deposit rate for an entity and which is governed by the
practice laid out in Certain Pasta from Turkey: Preliminary Results
of Countervailing Duty Changed Circumstances Review, 74 FR 47225
(September 15, 2009), unchanged in Certain Pasta from Turkey: Final
Results of Countervailing Duty Changed Circumstances Review, 74 FR
54022 (October 21, 2009).
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A potential affirmative finding of cross-ownership regarding
Interfor Corporation, EACOM Timber Corporation, Chaleur Forest Products
Inc., and Chaleur Forest Products LP could result in a cross-owned
entity that is large enough to be selected as a respondent in a future
administrative review.\9\ We note that this request arises in the
context of a longstanding proceeding that is generally characterized by
the relatively dominant position of a handful of large Canadian
producers/exporters that routinely get selected as mandatory
respondents within a broader field of dozens of much smaller producers/
exporters. Accordingly, recognizing it is not Commerce's general
practice to routinely initiate CCR requests in proceedings simply
because there may be some indication of cross-ownership between two or
more exporters, we find the circumstances here to be relatively unique.
Moreover, the petitioner has provided a sufficient factual basis to
support initiation of this CCR.
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\9\ This is relevant given Commerce's longstanding practice not
to make de novo cross-ownership findings at the respondent selection
stage.
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For the reasons outlined above, Commerce determines that the issue
raised by the petitioner of whether Interfor Corporation, EACOM Timber
Corporation, Chaleur Forest Products Inc., and Chaleur Forest Products
LP are cross-owned constitutes a sufficient basis to conduct a CCR of
the Order. Accordingly, in accordance with section 751(b)(1)(A) of the
Act and 19 CFR 351.216(d), we are initiating a CCR based upon the
information contained in the petitioner's submission.
In the event that Commerce determines an expedited action is
warranted, 19 CFR 351.221(c)(3)(ii) permits Commerce to combine the
notice of initiation of the review and the preliminary results of
review into a single notice. However, we are not combining this notice
of initiation with the preliminary results, pursuant to 19 CFR
351.221(c)(3)(ii), because Commerce has determined that it is necessary
to issue a questionnaire to Interfor Corporation and gather additional
information regarding the company's corporate structure and ownership.
After examining any properly filed comments and following up with any
additional questionnaires as needed, we intend to issue the preliminary
results of this CCR.
Preliminary and Final Results of the CCR
Commerce intends to publish in the Federal Register a notice of the
[[Page 48442]]
preliminary results of this CCR in accordance with 19 CFR 351.221(b)(4)
and (c)(3)(i). Commerce will set forth its preliminary factual and
legal conclusions in that notice regarding the factual question of
whether Interfor Corporation, EACOM Timber Corporation, Chaleur Forest
Products Inc., and Chaleur Forest Products LP are cross-owned.\10\
Unless extended, Commerce will issue the final results of this CCR in
accordance with the time limits set forth in 19 CFR 351.216(e).
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\10\ Commerce does not intend to identify in this CCR the
appropriate cash deposit rate in the event these parties are
determined to be cross-owned, as that is the purpose of a SII CCR
review.
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Notification to Interested Parties
This initiation notice is published in accordance with section
751(b)(1) of the Act, 19 CFR 351.216(d), and 19 CFR 351.221(b)(1).
Dated: July 21, 2023.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2023-15951 Filed 7-26-23; 8:45 am]
BILLING CODE 3510-DS-P
