Certain Softwood Lumber From Canada: Preliminary Results of Changed Circumstances Review, 1442-1443 [2025-00189]

Download as PDF 1442 Federal Register / Vol. 90, No. 5 / Wednesday, January 8, 2025 / Notices and Chaleur Forest Products LP.4 On June 28, 2024, Commerce initiated the requested CCR.5 DEPARTMENT OF COMMERCE International Trade Administration [C–122–858] Certain Softwood Lumber From Canada: Preliminary Results of Changed Circumstances Review Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) preliminary determines that a producer/exporter subject to the countervailing duty (CVD) order on certain softwood lumber from Canada, Interfor Sales & Marketing Ltd. (ISM), is cross-owned with Interfor Corporation, EACOM Timber Corporation (EACOM), Chaleur Forest Products Inc., and Chaleur Forest Products LP, four producers/exporters also subject to the countervailing duty (CVD) order on certain softwood lumber from Canada. Interested parties are invited to comment on these preliminary results. DATES: Applicable January 8, 2025. 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: Background lotter on DSK11XQN23PROD with NOTICES1 On January 3, 2018, Commerce published the CVD order on certain softwood lumber from Canada.1 On May 10, 2024, the petitioner 2 requested that Commerce initiate a changed circumstances review (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).3 Specifically, the petitioner requested that Commerce determine that ISM is cross-owned with EACOM, Chaleur Forest Products Inc., 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 The petitioner is the Committee Overseeing Action for Lumber International Trade Investigations or Negotiations, an ad hoc association whose members are: U.S. Lumber Coalition, Inc.; Collum’s Lumber Products, L.L.C.; Fox Lumber Sales, Inc.; Hankins, Inc.; Pleasant River Lumber Company; PotlatchDeltic; S.I. Storey Lumber Co., Inc.; Stimson Lumber Company; Swanson Group; Weyerhaeuser Company; Giustina Land and Timber Company; and Sullivan Forestry Consultants, Inc. 3 See Petitioner’s Letter, ‘‘Request for Changed Circumstances Review,’’ dated May 10, 2024. VerDate Sep<11>2014 17:50 Jan 07, 2025 Jkt 265001 submitted to Commerce no later than 10 days after the date of publication of this notice.8 Rebuttal comments may be filed with Commerce no later than five days Scope of the Order after the comments are filed. Interested The merchandise covered by this parties who submit case briefs or Order is softwood lumber, siding, rebuttal briefs in this proceeding must flooring, and certain other coniferous submit: (1) a table of contents listing wood (softwood lumber products). For a each issue; and (2) a table of complete description of the scope, see authorities.9 the Preliminary Decision As provided under 19 CFR Memorandum.6 351.309(c)(2) and (d)(2), in prior proceedings we have encouraged Preliminary Results of Changed interested parties to provide an Circumstances Review executive summary of their brief that Pursuant to section 751(b) of the Act, should be limited to five pages total, Commerce is conducting a CCR based including footnotes. In this CCR, we on a request from an interested party 7 instead request that interested parties that shows changed circumstances provide at the beginning of their briefs sufficient to warrant a review of an a public, executive summary for each order. In accordance with 19 CFR issue raised in their briefs.10 Further, we 351.221(b)(4) and (c)(3)(i), we request that interested parties limit their preliminary find that the record executive summary of each issue to no contains information indicating that more than 450 words, not including Interfor Corporation, ISM, EACOM, citations. We intend to use the executive Chaleur Forest Products Inc., and summaries as the basis of the comment Chaleur Forest Products LP meet the summaries included in the issues and definition of cross-ownership under 19 decision memorandum that will CFR 351.525(b)(6). accompany the final results in this CCR. For a complete discussion of the We request that interested parties information that ISM and the petitioner include footnotes for relevant citations provided and the complete crossin the executive summary of each issue. ownership analysis, see the Preliminary Note that Commerce has amended Decision Memorandum. A list of topics certain of its requirements pertaining to discussed in the Preliminary Decision the service of documents in 19 CFR Memorandum is included as the 351.303(f).11 All submissions must be appendix to this notice. The Preliminary filed electronically using the Decision Memorandum is a public Enforcement and Compliance’s document and is on file electronically ACCESS. An electronically filed via Enforcement and Compliance’s document must be received successfully Antidumping and Countervailing Duty in its entirety in ACCESS by 5:00 p.m. Centralized Electronic Service System Eastern Time on the due date set forth (ACCESS). ACCESS is available to in this notice. registered users at https:// Pursuant to 19 CFR 351.310(c), access.trade.gov. In addition, a complete interested parties who wish to request a version of the Preliminary Decision hearing must submit a written request to Memorandum can be accessed directly the Assistant Secretary for Enforcement at https://access.trade.gov/public/ and Compliance, filed electronically via FRNoticesListLayout.aspx. ACCESS, within ten days of publication of this notice in the Federal Register. Public Comment Requests should contain: (1) the party’s Interested parties are invited to name, address, and telephone number; comment on the preliminary results of (2) the number of participants; and (3) this CCR in accordance with 19 CFR a list of issues to be discussed. Issues 351.309(c)(1)(ii). Comments may be raised in the hearing will be limited to those raised in the respective case 4 Id. briefs. If a request for a hearing is made, 5 See Certain Softwood Lumber from Canada: Commerce intends to hold the hearing Notice of Initiation of Changed Circumstances Review, 89 FR 53955 (June 28, 2024) (Initiation Notice). 6 See Memorandum, ‘‘Decision Memorandum for the Preliminary Results of the Changed Circumstances Review of the Countervailing Duty Order on Softwood Lumber Products from Canada,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). 7 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. PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 8 Commerce is exercising its discretion under 19 CFR 351.309(c)(1)(ii) to alter the time limit for the filing of case briefs. See 19 CFR 351.309(d)(1). 9 See 19 CFR 351.309(c)(2) and (d)(2). 10 We use the term ‘‘issue’’ here to describe an argument that Commerce would normally address in a comment of the Issues and Decision Memorandum. 11 See Administrative Protective Order, Service, and Other Procedures in Antidumping and Countervailing Duty Proceedings; Final Rule, 88 FR 67069 (September 29, 2023). E:\FR\FM\08JAN1.SGM 08JAN1 Federal Register / Vol. 90, No. 5 / Wednesday, January 8, 2025 / Notices 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 the Changed Circumstances Review Commerce will issue the final results of this CCR, which will include its analysis of any written comments, no later than 270 days after the date on which this review was initiated.12 The current requirement for cash deposits of estimated countervailing duties on all entries of subject merchandise will not change as the result of this preliminary CCR determination. As noted in the Initiation Notice and Preliminary Decision Memorandum, the purpose of this CCR does not include identifying the applicable cash deposit rates, but rather making determinations of crossownership. Furthermore, we note that Interfor Corporation, ISM, EACOM, Chaleur Forest Products Inc., and Chaleur Forest Products LP are all already receiving the same cash deposit rate assigned to non-selected companies.13 Notification to Interested Parties These preliminary results of a CCR and this notice are published in accordance with sections 751(b) and 777(i) of the Act and 19 CFR 351.216, and 19 CFR 351.221(c)(3). Dated: December 31, 2024. Abdelali Elouaradia, Deputy Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Preliminary Determination of CrossOwnership V. Recommendation lotter on DSK11XQN23PROD with NOTICES1 BILLING CODE 3510–DS–P 19 CFR 351.216(e). Certain Softwood Lumber Products from Canada: Final Results and Final Rescission, in Part, of the Countervailing Duty Administrative Review; 2021, 88 FR 50103 (August 1, 2023). 13 See VerDate Sep<11>2014 17:50 Jan 07, 2025 Jkt 265001 International Trade Administration [C–570–189, C–557–833] Float Glass Products From the People’s Republic of China and Malaysia: Initiation of Countervailing Duty Investigations Enforcement and Compliance, International Trade Administration, Department of Commerce. AGENCY: DATES: Applicable December 31, 2024. FOR FURTHER INFORMATION CONTACT: Nathan James (the People’s Republic of China (China)), Mira Warrier, or Benjamin Nathan (Malaysia), AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–5305, (202) 482–8031, and (202) 482–3834, respectively. SUPPLEMENTARY INFORMATION: The Petitions On November 21, 2024, the U.S. Department of Commerce (Commerce) received countervailing duty (CVD) petitions concerning imports of float glass products from China and Malaysia filed in proper form on behalf of Vitro Flat Glass, LLC and Vitro Meadville Flat Glass, LLC (the petitioner), a U.S. producer of float glass products.1 The CVD Petitions were accompanied by antidumping duty (AD) petitions concerning imports of float glass products from China and Malaysia.2 Between November 25 and December 23, 2024, Commerce requested supplemental information pertaining to certain aspects of the Petitions.3 Between December 2 and 26, 2024, the petitioner filed timely responses to these requests for additional information.4 1 See [FR Doc. 2025–00189 Filed 1–7–25; 8:45 am] 12 See DEPARTMENT OF COMMERCE Petitioner’s Letter, ‘‘Petitions for the Imposition of Antidumping and Countervailing Duties,’’ dated November 21, 2024 (Petitions). 2 Id. 3 See Commerce’s Letters, ‘‘Supplemental Questions,’’ dated November 26, 2024 (First General Issues Questionnaire); see also Country-Specific CVD Supplemental Questionnaires: China Supplemental and Malaysia Supplemental, dated November 26, 2024; Memorandum, ‘‘Phone Call with Counsel to the Petitioner,’’ dated December 4, 2024 (December 4, 2024, Memorandum); Memorandum, ‘‘Phone Call with Counsel to the Petitioner,’’ dated December 9, 2024 (December 9, 2024, Memorandum); and Memorandum, ‘‘Phone Call with Counsel to the Petitioner,’’ dated December 23, 2024 (December 23, 2024, Memorandum). 4 See Petitioner’s Letters, ‘‘Amendments to Antidumping and Countervailing Duty Petitions; Volume SI—General Issues and Injury,’’ dated December 2, 2024 (First General Issues PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 1443 On December 11, 2024, Commerce extended the initiation deadline by 20 days to poll the domestic industry in accordance with section 702(c)(4)(D) of the Tariff Act of 1930, as amended (the Act), because it was ‘‘not clear from the Petitions whether the industry support criteria have been met. . . .’’ 5 In accordance with section 702(b)(1) of the Act, the petitioner alleges that the Government of China (GOC) and the Government of Malaysia (GOM) (collectively, Governments) are providing countervailable subsidies, within the meaning of sections 701 and 771(5) of the Act, to producers of float glass products from China and Malaysia and that such imports are materially injuring, or threatening material injury to, the domestic industry producing float glass products in the United States. Consistent with section 702(b)(1) of the Act and 19 CFR 351.202(b), for those alleged programs on which we are initiating CVD investigations, the Petitions were accompanied by information reasonably available to the petitioner supporting its allegations. Commerce finds that the petitioner filed the Petitions on behalf of the domestic industry because the petitioner is an interested party, as defined in section 771(9)(C) of the Act. Commerce also finds that the petitioner demonstrated sufficient industry support with respect to the initiation of the requested CVD investigations.6 Periods of Investigation Because the Petitions were filed on November 21, 2024, the periods of investigation for the China and Malaysia CVD investigations are January 1, 2023, through December 31, 2023.7 Scope of the Investigations The products covered by these investigations are float glass products from China and Malaysia. For a full Supplement), ‘‘Amendments to Antidumping and Countervailing Duty Petitions; Volume SS—Second Supplemental Responses,’’ dated December 6, 2024 (Second General Issues Supplement), and ‘‘Amendments to Antidumping and Countervailing Duty Petitions; Volume SSS—Third Supplemental Responses,’’ dated December 10, 2024 (Third General Issues Supplement); see also CountrySpecific CVD Supplemental Responses: China CVD Supplement and India CVD Supplement, dated December 2, 2024 and December 3, 2024; and Petitioner’s Letter, ‘‘Amendments to Antidumping and Countervailing Duty Petitions—Exhibit SSSS– 1,’’ dated December 26, 2024 (Revised Scope). 5 See Notice of Extension of the Deadline for Determining the Adequacy of the Antidumping and Countervailing Duty Petitions: Float Glass Products from the People’s Republic of China and Malaysia, 89 FR 102113, 102114 (December 17, 2024) (Initiation Extension Notice). 6 See section on ‘‘Determination of Industry Support for the Petitions,’’ infra. 7 See 19 CFR 351.204(b)(2). E:\FR\FM\08JAN1.SGM 08JAN1

Agencies

[Federal Register Volume 90, Number 5 (Wednesday, January 8, 2025)]
[Notices]
[Pages 1442-1443]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-00189]



[[Page 1442]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[C-122-858]


Certain Softwood Lumber From Canada: Preliminary Results of 
Changed Circumstances Review

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminary 
determines that a producer/exporter subject to the countervailing duty 
(CVD) order on certain softwood lumber from Canada, Interfor Sales & 
Marketing Ltd. (ISM), is cross-owned with Interfor Corporation, EACOM 
Timber Corporation (EACOM), Chaleur Forest Products Inc., and Chaleur 
Forest Products LP, four producers/exporters also subject to the 
countervailing duty (CVD) order on certain softwood lumber from Canada. 
Interested parties are invited to comment on these preliminary results.

DATES: Applicable January 8, 2025.

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 \2\ 
requested that Commerce initiate a changed circumstances review (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).\3\ 
Specifically, the petitioner requested that Commerce determine that ISM 
is cross-owned with EACOM, Chaleur Forest Products Inc., and Chaleur 
Forest Products LP.\4\ On June 28, 2024, Commerce initiated the 
requested CCR.\5\
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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\ The petitioner is the Committee Overseeing Action for Lumber 
International Trade Investigations or Negotiations, an ad hoc 
association whose members are: U.S. Lumber Coalition, Inc.; Collum's 
Lumber Products, L.L.C.; Fox Lumber Sales, Inc.; Hankins, Inc.; 
Pleasant River Lumber Company; PotlatchDeltic; S.I. Storey Lumber 
Co., Inc.; Stimson Lumber Company; Swanson Group; Weyerhaeuser 
Company; Giustina Land and Timber Company; and Sullivan Forestry 
Consultants, Inc.
    \3\ See Petitioner's Letter, ``Request for Changed Circumstances 
Review,'' dated May 10, 2024.
    \4\ Id.
    \5\ See Certain Softwood Lumber from Canada: Notice of 
Initiation of Changed Circumstances Review, 89 FR 53955 (June 28, 
2024) (Initiation Notice).
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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). 
For a complete description of the scope, see the Preliminary Decision 
Memorandum.\6\
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    \6\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Changed Circumstances Review of the Countervailing 
Duty Order on Softwood Lumber Products from Canada,'' dated 
concurrently with, and hereby adopted by, this notice (Preliminary 
Decision Memorandum).
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Preliminary Results of Changed Circumstances Review

    Pursuant to section 751(b) of the Act, Commerce is conducting a CCR 
based on a request from an interested party \7\ that shows changed 
circumstances sufficient to warrant a review of an order. In accordance 
with 19 CFR 351.221(b)(4) and (c)(3)(i), we preliminary find that the 
record contains information indicating that Interfor Corporation, ISM, 
EACOM, Chaleur Forest Products Inc., and Chaleur Forest Products LP 
meet the definition of cross-ownership under 19 CFR 351.525(b)(6).
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    \7\ 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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    For a complete discussion of the information that ISM and the 
petitioner provided and the complete cross-ownership 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

    Interested parties are invited to comment on the preliminary 
results of this CCR in accordance with 19 CFR 351.309(c)(1)(ii). 
Comments may be submitted to Commerce no later than 10 days after the 
date of publication of this notice.\8\ Rebuttal comments may be filed 
with Commerce no later than five days after the comments are filed. 
Interested parties who submit case briefs or rebuttal briefs in this 
proceeding must submit: (1) a table of contents listing each issue; and 
(2) a table of authorities.\9\
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    \8\ Commerce is exercising its discretion under 19 CFR 
351.309(c)(1)(ii) to alter the time limit for the filing of case 
briefs. See 19 CFR 351.309(d)(1).
    \9\ See 19 CFR 351.309(c)(2) and (d)(2).
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    As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior 
proceedings we have encouraged interested parties to provide an 
executive summary of their brief that should be limited to five pages 
total, including footnotes. In this CCR, we instead request that 
interested parties provide at the beginning of their briefs a public, 
executive summary for each issue raised in their briefs.\10\ Further, 
we request that interested parties limit their executive summary of 
each issue to no more than 450 words, not including citations. We 
intend to use the executive summaries as the basis of the comment 
summaries included in the issues and decision memorandum that will 
accompany the final results in this CCR. We request that interested 
parties include footnotes for relevant citations in the executive 
summary of each issue. Note that Commerce has amended certain of its 
requirements pertaining to the service of documents in 19 CFR 
351.303(f).\11\ All submissions must be filed electronically using the 
Enforcement and Compliance's ACCESS. An electronically filed document 
must be received successfully in its entirety in ACCESS by 5:00 p.m. 
Eastern Time on the due date set forth in this notice.
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    \10\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
    \11\ See Administrative Protective Order, Service, and Other 
Procedures in Antidumping and Countervailing Duty Proceedings; Final 
Rule, 88 FR 67069 (September 29, 2023).
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, filed electronically via 
ACCESS, within ten days of publication of this notice in the Federal 
Register. Requests should contain: (1) the party's name, address, and 
telephone number; (2) the number of participants; and (3) a list of 
issues to be discussed. Issues raised in the hearing will be limited to 
those raised in the respective case briefs. If a request for a hearing 
is made, Commerce intends to hold the hearing

[[Page 1443]]

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 the Changed Circumstances Review

    Commerce will issue the final results of this CCR, which will 
include its analysis of any written comments, no later than 270 days 
after the date on which this review was initiated.\12\ The current 
requirement for cash deposits of estimated countervailing duties on all 
entries of subject merchandise will not change as the result of this 
preliminary CCR determination. As noted in the Initiation Notice and 
Preliminary Decision Memorandum, the purpose of this CCR does not 
include identifying the applicable cash deposit rates, but rather 
making determinations of cross-ownership. Furthermore, we note that 
Interfor Corporation, ISM, EACOM, Chaleur Forest Products Inc., and 
Chaleur Forest Products LP are all already receiving the same cash 
deposit rate assigned to non-selected companies.\13\
---------------------------------------------------------------------------

    \12\ See 19 CFR 351.216(e).
    \13\ See Certain Softwood Lumber Products from Canada: Final 
Results and Final Rescission, in Part, of the Countervailing Duty 
Administrative Review; 2021, 88 FR 50103 (August 1, 2023).
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Notification to Interested Parties

    These preliminary results of a CCR and this notice are published in 
accordance with sections 751(b) and 777(i) of the Act and 19 CFR 
351.216, and 19 CFR 351.221(c)(3).

    Dated: December 31, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Preliminary Determination of Cross-Ownership
V. Recommendation

[FR Doc. 2025-00189 Filed 1-7-25; 8:45 am]
BILLING CODE 3510-DS-P
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