Notice2024-15446
Certain Softwood Lumber Products From Canada: Notice of Initiation and 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
July 15, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) is initiating a changed circumstances review (CCR) to determine whether TRAPA Forest Products Ltd. (TRAPA) is the successor-in-interest to Trans-Pacific Trading Ltd. (Trans-Pacific) in the context of the antidumping duty (AD) order on certain softwood lumber products (softwood lumber) from Canada. We preliminary determine that TRAPA is the successor-in- interest to Trans-Pacific.
Full Text
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<title>Federal Register, Volume 89 Issue 135 (Monday, July 15, 2024)</title>
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[Federal Register Volume 89, Number 135 (Monday, July 15, 2024)]
[Notices]
[Pages 57394-57395]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-15446]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-122-857]
Certain Softwood Lumber Products From Canada: Notice of
Initiation and Preliminary Results of Changed Circumstances Review
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) is initiating a
changed circumstances review (CCR) to determine whether TRAPA Forest
Products Ltd. (TRAPA) is the successor-in-interest to Trans-Pacific
Trading Ltd. (Trans-Pacific) in the context of the antidumping duty
(AD) order on certain softwood lumber products (softwood lumber) from
Canada. We preliminary determine that TRAPA is the successor-in-
interest to Trans-Pacific.
DATES: Applicable July 15, 2024.
FOR FURTHER INFORMATION CONTACT: Robert Bolling, 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) 482-3434.
SUPPLEMENTARY INFORMATION:
Background
On January 3, 2018, Commerce published in the Federal Register an
AD order on softwood lumber from Canada.\1\ On April 11, 2024, TRAPA
requested that, pursuant to section 751(b)(1) of the Tariff Act of
1930, as amended (the Act), 19 CFR 351.216, and 19 CFR 351.221(c)(3),
Commerce conduct an expedited CCR of the Order to determine that TRAPA
is the successor-in-interest to Trans-Pacific and, accordingly, to
assign it the cash deposit rate of Trans-Pacific. In its submission,
TRAPA stated that in 2024, Trans-Pacific undertook a name change to
TRAPA.\2\ On May 17, 2024, Commerce issued a supplemental questionnaire
to TRAPA identifying certain areas for which we required additional
information.\3\ On June 4, 2024, TRAPA amended its request for a CCR by
providing the requested information.\4\
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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 TRAPA's Letter, ``Request for an Expedited Changed
Circumstances Review,'' dated April 11, 2024 (TRAPA CCR Request).
\3\ See Commerce's Letter, ``Changed Circumstances Review:
Supplemental Questionnaire,'' dated May 17, 2024.
\4\ See TRAPA's Letter, ``Amended Request for Expedited Change
Circumstance Review,'' dated June 4, 2024 (Amended CCR Request).
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Scope of the Order
The product covered by the Order is softwood lumber from Canada.
For a complete description of the scope of the Order, see the
Preliminary Decision Memorandum.\5\
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\5\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of Changed Circumstances Review of the Antidumping Duty
Order on Certain Softwood Lumber Products from Canada,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
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Initiation and Preliminary Results of CCR
Pursuant to section 751(b)(1)(A) of the Act and 19 CFR 351.216(d),
Commerce will conduct a CCR upon receipt of information concerning, or
a request from, an interested party for a review of an AD order which
shows changed circumstances sufficient to warrant a review of the
order. The information submitted by TRAPA supporting its claim that it
is the successor-in-interest to Trans-Pacific demonstrates changed
circumstances sufficient to warrant such a review.\6\ Therefore, in
accordance with section 751(b)(1)(A) of the Act and 19 CFR 351.216(d)
and (e), we are initiating a CCR based upon the information contained
in TRAPAs' submission.
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\6\ See 19 CFR 351.216(d).
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Section 351.221(c)(3)(ii) of Commerce's regulations permits
Commerce to combine the notice of initiation of a CCR and the notice of
preliminary results if Commerce concludes that expedited action is
warranted.\7\ In this instance, because the record contains information
necessary to make a preliminary finding, we find that expedited action
is warranted and have combined the notice of initiation and the notice
of preliminary results.\8\
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\7\ See 19 CFR 351.221(c)(3)(ii); see also Certain Pasta from
Italy: Initiation and Preliminary Results of Antidumping Duty
Changed Circumstances Review, 80 FR 33480, 33480-41 (June 12, 2015)
(Pasta from Italy Preliminary Results), unchanged in Certain Pasta
from Italy: Final Results of Changed Circumstances Review, 80 FR
48807 (August 14, 2015) (Pasta from Italy Final Results).
\8\ See, e.g., Pasta from Italy Preliminary Results, 80 FR at
33480-41, unchanged in Pasta from Italy Final Results, 80 FR at
48807.
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In this CCR, pursuant to section 751(b) of the Act, Commerce is
conducting a successor-in-interest analysis. In making a successor-in-
interest determination, Commerce examines several factors, including,
but not limited to, changes in the following: (1) management; (2)
production facilities; (3) supplier relationships; and (4) customer
base.\9\ While no single factor or combination of factors will
necessarily provide a dispositive indication of a successor-in-interest
relationship, generally, Commerce will consider the new company to be
the successor to the previous company if the new company's resulting
operation is not materially dissimilar to that of its predecessor.\10\
Thus, if the record evidence demonstrates that, with respect to the
production and sale of the subject merchandise, the new company
operates as the same business entity as the predecessor company,
Commerce may assign the new company the cash deposit rate of its
predecessor.\11\
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\9\ See, e.g., Certain Frozen Warmwater Shrimp from India:
Initiation and Preliminary Results of Antidumping Duty Changed
Circumstances Review, 81 FR 75376 (October 31, 2016) (Shrimp from
India Preliminary Results), unchanged in Certain Frozen Warmwater
Shrimp from India: Notice of Final Results of Antidumping Duty
Changed Circumstances Review, 81 FR 90774 (December 15, 2016)
(Shrimp from India Final Results).
\10\ See, e.g., Shrimp from India Preliminary Results, 81 FR at
75377, unchanged in Shrimp from India Final Results, 81 FR at 90774.
\11\ Id.; see also Notice of Final Results of Changed
Circumstances Antidumping Duty Administrative Review:
Polychloroprene Rubber from Japan, 67 FR 58, 59 (January 2, 2002);
Ball Bearings and Parts Thereof from France: Final Results of
Changed-Circumstances Review, 75 FR 34688, 34689 (June 18, 2010);
and Circular Welded Non-Alloy Steel Pipe from the Republic of Korea;
Preliminary Results of Antidumping Duty Changed Circumstances
Review, 63 FR 14679 (March 26, 1998), unchanged in Circular Welded
Non-Alloy Steel Pipe from Korea; Final Results of Antidumping Duty
Changed Circumstances Review, 63 FR 20572 (April 27, 1998), in which
Commerce found that a company which only changed its name and did
not change its operations is a successor-in-interest to the company
before it changed its name.
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In accordance with 19 CFR 351.216, we preliminarily determine that
TRAPA is the successor-in-interest to Trans-Pacific. Record evidence,
as submitted by TRAPA, indicates that TRAPA operates as essentially the
same business entity as Trans-Pacific with respect to the subject
merchandise.\12\
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\12\ See TRAPA CCR Request; and Amended CCR Request.
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For the complete successor-in-interest analysis, including
discussion of business proprietary information, see the accompanying
Preliminary Decision Memorandum. A list of the 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
made available to the public via Enforcement and
[[Page 57395]]
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 is available 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 not later than five days after the date for filing
case briefs.\13\ 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.\14\ All comments are to be
filed electronically using ACCESS. An electronically filed document
must be received successfully in its entirety by ACCESS by 5:00 p.m.
Eastern Time on the established deadline.\15\
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\13\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023) (APO and Service Final Rule).
\14\ See 19 351.309(c)(2) and (d)(2).
\15\ See 19 CFR 351.303(b).
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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.\16\ 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).\17\
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\16\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\17\ See APO and Service Final Rule.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request via ACCESS within 30
days of publication of this notice. Hearing requests should contain:
(1) the party's name, address, and telephone number; (2) the number
participants; and (3) a list of 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, parties will be notified of
the time and date for the hearing, in accordance with 19 CFR
351.310(d).
Consistent with 19 CFR 351.216(e), we will issue the final results
of this CCR no later than 270 days after the date on which this review
was initiated, or within 45 days if all parties agree to our
preliminary finding. This notice is published in accordance with
sections 751(b)(1) and 777(i) of the Act and 19 CFR 351.216(b),
351.221(b) and 351.221(c)(3).
Dated: July 8, 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. Initiation and Preliminary Results of Changed Circumstances
Review
V. Successor-in-Interest Determination
VI. Recommendation
[FR Doc. 2024-15446 Filed 7-12-24; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on July 15, 2024.
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