Notice2023-10858
Preliminary Results of Changed Circumstances Review: Antidumping Duty Order on Certain Softwood Lumber Products From Canada
Primary source
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Published
May 22, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that GreenFirst Forest Products (QC) Inc. (GreenFirst QC) is the successor-in-interest to Rayonier A.M. Canada G.P. (RYAM) and, accordingly, that subject merchandise produced and/or exported by GreenFirst QC should be assigned the cash deposit rate established for subject merchandise produced and/or exported by RYAM for purposes of the antidumping duty order on certain softwood lumber products (softwood lumber) from Canada.
Full Text
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<title>Federal Register, Volume 88 Issue 98 (Monday, May 22, 2023)</title>
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[Federal Register Volume 88, Number 98 (Monday, May 22, 2023)]
[Notices]
[Pages 32733-32734]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-10858]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-122-857]
Preliminary Results of Changed Circumstances Review: Antidumping
Duty Order on Certain Softwood Lumber Products From Canada
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that GreenFirst Forest Products (QC) Inc. (GreenFirst QC) is
the successor-in-interest to Rayonier A.M. Canada G.P. (RYAM) and,
accordingly, that subject merchandise produced and/or exported by
GreenFirst QC should be assigned the cash deposit rate established for
subject merchandise produced and/or exported by RYAM for purposes of
the antidumping duty order on certain softwood lumber products
(softwood lumber) from Canada.
DATES: Applicable May 22, 2023.
FOR FURTHER INFORMATION CONTACT: Zachary Shaykin, AD/CVD Operations,
Office IV, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-2638.
SUPPLEMENTARY INFORMATION:
Background
On November 17, 2022, Commerce published the initiation of a
changed circumstances review (CCR) on the antidumping duty order \1\ of
softwood lumber from Canada.\2\ Commerce declined to combine the
Initiation Notice with the preliminary results of the CCR,\3\ citing
the need to issue an additional supplemental questionnaire to
GreenFirst Forest Products Inc. (GreenFirst Forest Products) and its
subsidiary, GreenFirst QC (collectively, GreenFirst), regarding
GreenFirst QC's ownership and management, supplier base, and customer
base.\4\ On December 16, 2022 and April 17, 2023, we issued
supplemental questionnaires to GreenFirst requesting this
information.\5\ On December 27, 2022 and April 24, 2023, GreenFirst
timely responded to these supplemental questionnaires.\6\ On January 6
and 13, 2023, the Committee Overseeing Action for Lumber International
Trade Investigations or Negotiations (COALITION) and GreenFirst
submitted rebuttal and surrebuttal comments, respectively regarding
GreenFirst's First Supplemental Response.\7\ No other interested party
submitted comments or factual information regarding GreenFirst's
request.
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\1\ See Certain Softwood Lumber Products from Canada:
Antidumping Duty Order and Partial Amended Final Determination, 83
FR 350 (January 3, 2018) (Order).
\2\ See Certain Softwood Lumber Products from Canada: Initiation
of Antidumping Duty Changed Circumstances Review, 87 FR 69004
(November 17, 2022) (Initiation Notice).
\3\ See 19 CFR 351.221(c)(3)(ii).
\4\ See Initiation Notice.
\5\ See Commerce's Letters, ``Investigation of Certain Softwood
Lumber Products from Canada: Supplemental Questionnaire,'' dated
December 16, 2022; and ``Changed Circumstances Review of Certain
Softwood Lumber Products from Canada: Second Supplemental
Questionnaire,'' dated April 17, 2023.
\6\ See GreenFirst's Letters, ``Softwood Lumber from Canada:
Supplemental Questionnaire Response,'' dated December 27, 2022
(First Supplemental Response); and ``Softwood Lumber from Canada:
Second Supplemental Questionnaire Response,'' dated April 24, 2023.
\7\ See COALITION's Letter, ``Certain Softwood Lumber Products
from Canada: Comments on GreenFirst's Response to Supplemental
Questionnaire,'' dated January 6, 2023; see also GreenFirst's
Letter, ``Softwood Lumber from Canada: Rebuttal Factual Information
and Comments on Petitioner's January 6, 2023, Submission,'' dated
January 13, 2023.
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Scope of the Order
The products covered by the Order is softwood lumber from Canada.
For a complete description of the scope of the Order, see the
Preliminary Decision Memorandum.\8\
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\8\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of Changed Circumstances Review: Certain Softwood Lumber
Products from Canada,'' dated concurrently with, and hereby adopted
by, this notice (Preliminary Decision Memorandum).
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Legal Framework
In determining whether one company is the successor-in-interest to
another company as part of an antidumping duty proceeding, Commerce
examines several factors including, but not limited to: (1) management
and ownership; (2) production facilities; (3) supplier relationships;
and (4) customer base.\9\ Although no single, or even several, of these
factors will necessarily provide a dispositive indication of
succession, generally, Commerce will consider a company to be the
successor-in-interest if its resulting operation is not materially
dissimilar to that of its predecessor.\10\ Thus, if the ``totality of
circumstances'' demonstrate that, with respect to the production and
sale of the subject merchandise, the new company operates as
essentially the same business entity as the prior company, Commerce
will assign the successor-in-interest the cash deposit rate of its
predecessor.\11\
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\9\ See, e.g., Ball Bearings and Parts Thereof from France:
Final Results of Changed-Circumstances Review, 75 FR 34688 (June 18,
2010), and accompanying Issues and Decision Memorandum (IDM) at
Comment 1.
\10\ See, e.g., Fresh and Chilled Atlantic Salmon from Norway;
Final Results of Changed Circumstances Antidumping Duty
Administrative Review, 64 FR 9979, 9980 (March 1, 1999).
\11\ Id.; see also Brass Sheet and Strip from Canada: Final
Results of Administrative Review, 57 FR 20461 (May 13, 1992), and
accompanying IDM at Comment 1.
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Preliminary Results of Review
We preliminarily determine that GreenFirst QC is the successor-in-
interest to RYAM for purposes of the Order. Record evidence submitted
by GreenFirst indicates that, based on the totality of the
circumstances under Commerce's successor-in-interest criteria,
GreenFirst QC operates as materially the same business entity as RYAM
with respect to the production and sale of subject merchandise. In
particular, we preliminarily find that while the management structure
is materially dissimilar under Greenfirst QC from RYAM, there were not
substantial changes in ownership. In addition, we preliminarily find
that GreenFirst's production facilities, supplier relationships, and
customer base with regard to the subject merchandise are substantially
the same as RYAM's before GreenFirst's acquisition of RYAM's lumber
assets.
Therefore, based on record evidence, we preliminarily determine
that GreenFirst QC is the successor-in-interest to RYAM, and the cash
deposit rate assigned to RYAM should be the rate for GreenFirst QC as a
result of this successor-in-interest finding. Should Commerce's final
results of review remain the same as these preliminary results of
review, GreenFirst QC will be
[[Page 32734]]
assigned the cash deposit rate currently assigned to RYAM with respect
to the subject merchandise (i.e., 4.76 percent).\12\ Therefore, we will
instruct U.S. Customs and Border Protection to suspend liquidation of
entries of softwood lumber from Canada produced and/or exported by
GreenFirst QC, effective on the publication date of the final results,
at the cash deposit rate for estimated antidumping duties assigned to
RYAM.
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\12\ See Certain Softwood Lumber Products from Canada: Final
Results of Antidumping Duty Administrative Review and Final
Determination of No Shipments; 2020, 87 FR 48465 (August 9, 2022).
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For the complete successor-in-interest analysis, see the
Preliminary Decision Memorandum. A list of topics discussed in the
Preliminary Decision Memorandum is included as the appendix to this
notice. The Preliminary Decision Memorandum is a public document and is
on file electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users at <a href="https://access.trade.gov">https://access.trade.gov</a>. In
addition, a complete version of the Preliminary Decision Memorandum can
be accessed directly at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Public Comment
In accordance with 19 CFR 351.309(c)(1)(ii), interested parties may
submit case briefs not later than 30 days after the date of publication
of this notice. Rebuttal briefs, limited to issues raised in the case
briefs, may be filed no later than seven days after the due date for
case briefs, in accordance with 19 CFR 351.309(d).\13\ Parties who
submit case or rebuttal briefs are encouraged to submit with each
argument: (1) a statement of the issue; (2) a brief summary of the
argument; and (3) a table of authorities.\14\
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\13\ Commerce is exercising its discretion under 19 CFR
351.309(d)(1) to alter the time limit for the filing of rebuttal
briefs.
\14\ See 19 CFR 351.30(c)(2) and (d)(2).
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All comments are to be filed electronically via ACCESS and must be
served on interested parties.\15\ Note that Commerce has temporarily
modified certain of its requirements for serving documents containing
business proprietary information, until further notice.\16\ An
electronically filed document must be received successfully in its
entirety by ACCESS by 5:00 p.m. Eastern Time on the day on which it is
due.
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\15\ See generally 19 CFR 351.303.
\16\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
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Pursuant to 19 CFR 351.310(c), any interested party may request a
hearing within 30 days of publication of this notice in the Federal
Register. Hearing requests should contain the following information:
(1) the party's name, address, and telephone number; (2) the number of
participants; and (3) a list of the issues to be discussed. Oral
presentations at the hearing will be limited to issues raised in the
briefs. If a request for a hearing is made, Commerce intends to hold
the hearing at a time and date to be determined. Parties should confirm
the date and the time of the hearing two days before the scheduled
date.
Final Results of Review
Consistent with 19 CFR 351.216(e), we intend to issue the final
results of this CCR no later than 270 days after the date on which this
review was initiated.
Notification to Interested Parties
This notice is published in accordance with sections 751(b)(1) and
777(i)(1) of the Tariff Act of 1930, as amended and 19 CFR
351.221(b)(4).
Dated: May 16, 2023.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations.
Appendix--List of Topics Discussed in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Successor-in-Interest Determination
V. Recommendation
[FR Doc. 2023-10858 Filed 5-19-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on May 22, 2023.
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