Notice2024-00660
Certain Softwood Lumber From Canada: Preliminary Results of Changed Circumstances Review
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
January 16, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminary determines that four producers/exporters subject to the countervailing duty (CVD) order on certain softwood lumber from Canada, Interfor Corporation, EACOM Timber Corporation, Chaleur Forest Products Inc., and Chaleur Forest Products LP, are cross-owned entities. Interested parties are invited to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 89 Issue 10 (Tuesday, January 16, 2024)</title>
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[Federal Register Volume 89, Number 10 (Tuesday, January 16, 2024)]
[Notices]
[Pages 2583-2584]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-00660]
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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 four producers/exporters subject to the countervailing
duty (CVD) order on certain softwood lumber from Canada, Interfor
Corporation, EACOM Timber Corporation, Chaleur Forest Products Inc.,
and Chaleur Forest Products LP, are cross-owned entities. Interested
parties are invited to comment on these preliminary results.
DATES: Applicable January 16, 2024.
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 \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
Interfor Corporation, EACOM Timber Corporation, Chaleur Forest Products
Inc., and Chaleur Forest Products LP are cross-owned entities.\4\ On
July 27, 2023, 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 11, 2023.
\4\ Id.
\5\ See Certain Softwood Lumber from Canada: Notice of
Initiation of Changed Circumstances Review, 88 FR 48440 (July 27,
2023) (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, EACOM
Timber Corporation, 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 Interfor
Corporation 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
[[Page 2584]]
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
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 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 antidumping and
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, EACOM Timber
Corporation, Chaleur Forest Products Inc., and Chaleur Forest Products
LP are all already receiving the same cash deposit rate assigned to
non-selected companies.\13\
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\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: January 9, 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. 2024-00660 Filed 1-12-24; 8:45 am]
BILLING CODE 3510-DS-P
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