Certain Softwood Lumber Products From Canada: Preliminary Results of Countervailing Duty Changed Circumstances Review
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Issuing agencies
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that TRAPA Forest Products Ltd. (TRAPA) is the successor-in- interest (SII) to Trans-Pacific Trading Ltd. (Trans-Pacific) in the context of the countervailing duty (CVD) order on certain softwood lumber products (softwood lumber) from Canada. Interested parties are invited to comment on these preliminary results.
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<title>Federal Register, Volume 90 Issue 20 (Friday, January 31, 2025)</title>
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[Federal Register Volume 90, Number 20 (Friday, January 31, 2025)]
[Notices]
[Pages 8697-8698]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-02048]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-122-858]
Certain Softwood Lumber Products From Canada: Preliminary Results
of Countervailing Duty Changed Circumstances Review
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that TRAPA Forest Products Ltd. (TRAPA) is the successor-in-
interest (SII) to Trans-Pacific Trading Ltd. (Trans-Pacific) in the
context of the countervailing duty (CVD) order on certain softwood
lumber products (softwood lumber) from Canada. Interested parties are
invited to comment on these preliminary results.
DATES: Applicable January 31, 2025.
FOR FURTHER INFORMATION CONTACT: Kristen Johnson, 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) 482-4793.
SUPPLEMENTARY INFORMATION:
Background
On January 3, 2018, Commerce published in the Federal Register a
CVD order on softwood lumber from Canada.\1\ On April 11, 2024, TRAPA
filed a request for an expedited CVD changed circumstances review
(CCR).\2\ In its CCR Request, TRAPA reported that effective April 8,
2024, Trans-Pacific changed its name to TRAPA, and thus, requested
Commerce to conduct a CCR to determine that TRAPA is the SII to Trans-
Pacific and assign to TRAPA the cash deposit rate of Trans-Pacific. On
July 29, 2024, Commerce published in the Federal Register its notice of
initiation of a CVD CCR for TRAPA.\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 TRAPA's Letter, ``Request for Expedited Changed
Circumstances Review,'' dated April 11, 2024 (CCR Request).
\3\ See Certain Softwood Lumber Products from Canada: Notice of
Initiation of Countervailing Duty Changed Circumstances Review, 89
FR 60869 (July 29, 2024).
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For a complete description of the events of this CVD CCR, see the
Preliminary Decision Memorandum.\4\ A
[[Page 8698]]
list of topics discussed in the Preliminary Decision Memorandum is
included in 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>.
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\4\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Changed Circumstances Review of the Countervailing
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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Scope of the Order
The product covered by this Order is certain softwood lumber
products. For a complete description of the scope of the Order, see the
Preliminary Decision Memorandum.
Preliminary Results of CCR
In a CVD CCR, Commerce will make an affirmative successorship
finding (i.e., that the respondent company is the same subsidized
entity for CVD cash deposit purposes as the predecessor company) where
there is no evidence of significant changes in the respondent's: (1)
operations; (2) ownership; and (3) corporate and legal structure during
the relevant period (i.e., the ``look-back window'') that could have
affected the nature and extent of the respondent's subsidy levels.\5\
Where Commerce makes an affirmative CVD successorship finding, the
successor's merchandise will be entitled to enter under the
predecessor's cash deposit rate.
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\5\ See Certain Pasta from Turkey: Preliminary Results of
Countervailing Duty Changed Circumstances Review, 74 FR 47225
(September 15, 2009).
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In accordance with 19 CFR 351.216 and section 751(b) of the Tariff
Act of 1930, as amended (the Act), we preliminarily determine that
TRAPA is the SII to Trans-Pacific. For the complete SII analysis, see
the Preliminary Decision Memorandum. Should the final results remain
the same as these preliminary results, we will instruct U.S. Customs
and Border Protection to assign entries of subject merchandise exported
by TRAPA the CVD cash deposit rate applicable to Trans-Pacific (i.e.,
6.74 percent),\6\ effective the date of publication of the final
results.
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\6\ See Certain Softwood Lumber Products from Canada: Final
Results of the Countervailing Duty Administrative Review; 2022, 89
FR 67062, 67065 (August 19, 2024).
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Public Comment
Pursuant to 19 CFR 351.309(c), interested parties may submit case
briefs no later than 10 days after the date of publication of this
notice.\7\ Rebuttal briefs, limited to issues raised in the case
briefs, may be filed no later than five days after the date for filing
of case briefs.\8\ 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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\7\ Commerce is exercising its discretion under 19 CFR
351.309(c)(1)(ii) to alter the time limit for the filing of case
briefs.
\8\ 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).
\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 of 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\
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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 APO and Service Final Rule.
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Pursuant to 19 CFR 351.310(c)(2), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must do so within 1 days of publication of these preliminary
results by submitting a written request to the Assistant Secretary for
Enforcement and Compliance using ACCESS.\12\ Requests should contain:
(1) the party's name, address, and telephone number; (2) the number of
participants; and (3) a list of the issues to be discussed. If a
request for a hearing is made, Commerce will inform parties of the
scheduled date for the hearing.\13\ Parties should confirm the date and
time of the hearing two days before the scheduled date. Parties are
reminded that all briefs and hearing requests must be filed
electronically using ACCESS and received successfully in their entirety
by 5:00 p.m. Eastern Time on the due date.
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\12\ Commerce is exercising its discretion under 19 CFR
351.310(c) to alter the time limit for requesting a hearing.
\13\ See 19 CFR 351.310(d).
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Final Results of the Changed Circumstances Review
Consistent with 19 CFR 351.216(e), Commerce 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 of publication of these
preliminary results if all parties agree to the outcome of the review.
Notification to Interested Parties
These preliminary results and this notice are published in
accordance with sections 751(b) and 777(i) of the Act, 19 CFR 351.216,
and 19 CFR 351.221(c)(3).
Dated: January 27, 2025.
Abdelali Elouaradia,
Acting 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. Successor-In-Interest Determination
V. Recommendation
[FR Doc. 2025-02048 Filed 1-30-25; 8:45 am]
BILLING CODE 3510-DS-P
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