Certain Softwood Lumber From Canada: Notice of Initiation of Changed Circumstances Review, 53955-53957 [2024-14312]
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Federal Register / Vol. 89, No. 125 / Friday, June 28, 2024 / Notices
Appendix II
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope of the Investigation
V. Discussion of the Methodology
VI. Recommendation
[FR Doc. 2024–14198 Filed 6–27–24; 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 June 28, 2024.
FOR FURTHER INFORMATION CONTACT:
Elizabeth Talbot Russ, 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) 482–5516.
SUPPLEMENTARY INFORMATION:
AGENCY:
khammond on DSKJM1Z7X2PROD with NOTICES
Background
On January 3, 2018, Commerce
published the CVD order on certain
softwood lumber from Canada.1 On May
10, 2024, 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 Sales &
Marketing Ltd. (ISM) is cross-owned
with EACOM Timber Corporation
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 Petitioner’s Letter, ‘‘Certain Softwood
Lumber Products from Canada: Request for Changed
Circumstances Review,’’ dated May 10, 2024
(Petitioner’s Request for CCR).
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(EACOM), Chaleur Forest Products Inc.,
and Chaleur Forest Products LP.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
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.
3 Id.
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• 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;
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;
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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;
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
khammond on DSKJM1Z7X2PROD with NOTICES
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
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.
5 See Order, 83 FR at 349.
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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,
nor 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
The petitioner has requested that
Commerce initiate this CCR to
investigate potential cross-ownership
among four exporter/producers subject
to the Order that have never been
selected for individual examination:
ISM, EACOM, Chaleur Forest Products
Inc., and Chaleur Forest Products LP.8
On March 12, 2024, Commerce issued
the final results of a CCR in which it
found that Interfor Corporation,
EACOM, Chaleur Forest Products Inc.,
and Chaleur Forest Products LP are
cross-owned entities in the context of
the CVD Order on certain softwood
lumber from Canada.9
As we explained in the initiation
notice of CCR—Interfor, while
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.
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).
9 See Certain Softwood Lumber from Canada:
Final Results of Countervailing Duty Changed
Circumstances Review, March 12, 2024 (89 FR
17811) (CCR—Interfor).
PO 00000
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Sfmt 4703
Commerce does not generally initiate
CCR requests in proceedings simply
because there may be some indication of
cross-ownership between two or more
exporters, we find the circumstances of
the instant CCR to be relatively unique.
Specifically, similar to the
circumstances noted in CCR—Interfor, a
potential affirmative finding of crossownership regarding ISM, EACOM,
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.10
Furthermore, 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. In addition, 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 ISM,
EACOM, 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
ISM 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
preliminary results of this CCR in
10 See Certain Softwood Lumber from Canada:
Notice of Initiation of Changed Circumstances
Review, 88 FR 48440 (July 27, 2023).
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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 ISM,
EACOM, Chaleur Forest Products Inc.,
and Chaleur Forest Products LP are
cross-owned.11 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: June 24, 2024.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2024–14312 Filed 6–27–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–201–845]
Agreement Suspending the
Antidumping Duty Investigation on
Sugar from Mexico: Final Results of
the 2021–2022 Administrative Review
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
the Agreement Suspending the
Antidumping Duty Investigation on
Sugar from Mexico, as amended (AD
Agreement) met the statutory
requirements during the period of
review (POR) from December 1, 2021,
through November 30, 2022. Commerce
also determines that the respondents
selected for individual examination,
Compañı́a Industrial Azucarera S.A. de
C.V. and its affiliates (collectively,
Santos Group) and Ingenio Presidente
Benito Juarez S.A. de C.V. (collectively,
the respondents), were in compliance
with the terms of the AD Agreement
during the POR.
DATES: Applicable June 28, 2024.
FOR FURTHER INFORMATION CONTACT:
Sally C. Gannon or Jill Buckles,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
khammond on DSKJM1Z7X2PROD with NOTICES
AGENCY:
11 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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19:25 Jun 27, 2024
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DC 20230; telephone: (202) 482–0162 or
(202) 482–6230, respectively.
SUPPLEMENTARY INFORMATION:
Background
On December 27, 2023, Commerce
published the preliminary results of this
administrative review.1 Immediately
preceding the Preliminary Results, the
Santos Group submitted its response to
Commerce’s second supplemental
questionnaire on December 20, 2023. On
May 13, 2024, Commerce issued postpreliminary results.2
On May 29, 2024, the American Sugar
Coalition and its members (collectively,
the petitioners) 3 filed a case brief.4 On
June 3, 2024, Cámara Nacional de Las
Industrias Azucarera y Alcoholera and
the Santos Group filed a letter in lieu of
rebuttal brief.5 For a complete
description of the events that occurred
since the Preliminary Results, see the
Issues and Decision Memorandum.6
Scope of the AD Agreement
The product covered by this AD
Agreement is raw and refined sugar of
all polarimeter readings derived from
sugar cane or sugar beets. Merchandise
covered by this AD Agreement is
typically imported under the following
headings of the HTSUS: 1701.12.1000,
1701.12.5000, 1701.13.1000,
1701.13.5000, 1701.14.1020,
1701.14.1040, 1701.14.5000,
1701.91.1000, 1701.91.3000,
1701.99.1015, 1701.99.1017,
1701.99.1025, 1701.99.1050,
1701.99.5015, 1701.99.5017,
1701.99.5025, 1701.99.5050, and
1702.90.4000.7 The tariff classification
1 See Agreement Suspending the Antidumping
Duty Investigation on Sugar From Mexico:
Preliminary Results of the 2021–2022
Administrative Review and Postponement of Final
Results, 88 FR 89367 (December 27, 2023).
2 See Memorandum, ‘‘Decision Memorandum for
the Post-Preliminary Results of the 2021–2022
Administrative Review: Sugar from Mexico,’’ dated
May 13, 2024.
3 The members of the American Sugar Coalition
are as follows: American Sugar Cane League;
American Sugarbeet Growers Association;
American Sugar Refining, Inc.; Florida Sugar Cane
League; Rio Grande Valley Sugar Growers, Inc.;
Sugar Cane Growers Cooperative of Florida; and the
United States Beet Sugar Association.
4 See Petitioners’ Letter, ‘‘Case Brief on Behalf of
the American Sugar Coalition,’’ dated May 29, 2024.
5 See Respondents’ Letter, ‘‘Letter in Lieu of
Rebuttal Brief,’’ dated June 3, 2024.
6 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the 2021–
2022 Administrative Review of the Agreement
Suspending the Antidumping Duty Investigation on
Sugar from Mexico,’’ dated concurrently with, and
hereby adopted by, this notice (Issues and Decision
Memorandum).
7 Prior to July 1, 2016, merchandise covered by
the AD Agreement was classified in the HTSUS
under subheading 1701.99.1010. Prior to January 1,
2020, merchandise covered by the AD Agreement
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53957
is provided for convenience and
customs purposes; however, the written
description of the scope of this AD
Agreement is dispositive.
A full description of the scope of the
AD Agreement is contained in the Issues
and Decision Memorandum.
Analysis
Commerce continues to determine
that, based on record evidence,
respondents were in compliance with
the terms of the AD Agreement during
the POR. We also determine that the AD
Agreement met the statutory
requirements under sections 734(c) and
(d) of the Tariff Act of 1930, as amended
(the Act), during the POR.
The issues raised in the case and
rebuttal briefs are addressed in the
accompanying Issues and Decision
Memorandum and business proprietary
memorandum.8 The issues are
identified in the appendix to this notice.
The Issues and 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 Issues and
Decision Memorandum can be accessed
directly at https://access.trade.gov/
public/FRNoticesListLayout.aspx.
Administrative Protective Order
This notice also serves as a reminder
to parties subject to administrative
protective order (APO) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of the return or
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and terms of an
APO is a sanctionable violation.
Notification to Interested Parties
We are issuing and publishing these
results of review in accordance with
sections 751(a)(l) and 777(i)(l) of the Act
and 19 CFR 351.213 and 19 CFR
351.221(b)(5).
was classified in the HTSUS under subheadings
1701.14.1000 and 1701.99.5010.
8 See Issues and Decision Memorandum; see also
Memorandum, ‘‘Proprietary Analysis Memorandum
for the Final Results: Compañı́a Industrial
Azucarera S.A. de C.V. and its Affiliates,’’ dated
concurrently with, and hereby adopted by, this
notice.
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]]>Agencies
[Federal Register Volume 89, Number 125 (Friday, June 28, 2024)]
[Notices]
[Pages 53955-53957]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-14312]
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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 June 28, 2024.
FOR FURTHER INFORMATION CONTACT: Elizabeth Talbot Russ, 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) 482-5516.
SUPPLEMENTARY INFORMATION:
Background
On January 3, 2018, Commerce published the CVD order on certain
softwood lumber from Canada.\1\ On May 10, 2024, 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 Sales & Marketing Ltd.
(ISM) is cross-owned with EACOM Timber Corporation (EACOM), Chaleur
Forest Products Inc., and Chaleur Forest Products LP.\3\
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\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 Petitioner's Letter, ``Certain Softwood Lumber Products
from Canada: Request for Changed Circumstances Review,'' dated May
10, 2024 (Petitioner's Request for CCR).
\3\ Id.
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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; 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;
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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, nor 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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The petitioner has requested that Commerce initiate this CCR to
investigate potential cross-ownership among four exporter/producers
subject to the Order that have never been selected for individual
examination: ISM, EACOM, 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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On March 12, 2024, Commerce issued the final results of a CCR in
which it found that Interfor Corporation, EACOM, Chaleur Forest
Products Inc., and Chaleur Forest Products LP are cross-owned entities
in the context of the CVD Order on certain softwood lumber from
Canada.\9\
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\9\ See Certain Softwood Lumber from Canada: Final Results of
Countervailing Duty Changed Circumstances Review, March 12, 2024 (89
FR 17811) (CCR--Interfor).
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As we explained in the initiation notice of CCR--Interfor, while
Commerce does not generally initiate CCR requests in proceedings simply
because there may be some indication of cross-ownership between two or
more exporters, we find the circumstances of the instant CCR to be
relatively unique. Specifically, similar to the circumstances noted in
CCR--Interfor, a potential affirmative finding of cross-ownership
regarding ISM, EACOM, 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.\10\
Furthermore, 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. In addition, the
petitioner has provided a sufficient factual basis to support
initiation of this CCR.
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\10\ See Certain Softwood Lumber from Canada: Notice of
Initiation of Changed Circumstances Review, 88 FR 48440 (July 27,
2023).
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For the reasons outlined above, Commerce determines that the issue
raised by the petitioner of whether ISM, EACOM, 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 ISM 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
preliminary results of this CCR in
[[Page 53957]]
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 ISM, EACOM, Chaleur Forest
Products Inc., and Chaleur Forest Products LP are cross-owned.\11\
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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\11\ 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: June 24, 2024.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2024-14312 Filed 6-27-24; 8:45 am]
BILLING CODE 3510-DS-P
