Federal Register / Vol. 86, No. 130 / Monday, July 12, 2021 / Notices 36525 

3See Initiation of Five-Year (Sunset) Reviews, 85 

FR 69585 (November 3, 2020). 

4See Certain Potassium Phosphate Salts from the 

People’s Republic of China: Final Results of the 

Expedited Second Sunset Review of the 

Antidumping Duty Order, 86 FR 13311 (March 8, 

2021); see also, Certain Potassium Phosphate Salts 

from the People’s Republic of China: Final Results 

of the Expedited Second Five-Year Sunset Review 

of the Countervailing Duty Order, 86 FR 13314 

(March 8, 2021). 

5See Potassium Phosphate Salts from China, 86 

FR 35827 (July 7, 2021). 

1See Certain Softwood Lumber Products from 

Canada: Antidumping Duty Order and Partial 

Amended Final Determination, 83 FR 350 (January 

3, 2018) (Order). 

2See CHAP’s Letter, ‘‘Certain Softwood Lumber 

from Canada: L’Atelier de Re ́adaptation au Travail 

de Beauce Inc. Request for Changed Circumstances 

Reviews,’’ dated May 5, 2021 (CCR Request). 

3See Commerce’s Letter, ‘‘Changed 

Circumstances Review of Certain Softwood Lumber 

Products from Canada: Supplemental 

Questionnaire,’’ dated June 8, 2021. 

4See CHAP’s Letter, ‘‘Certain Softwood Lumber 

from Canada: Supplemental Questionnaire 

Response,’’ dated June 24, 2021. 

Commerce initiated,3 the second sunset 

review of the Orders, pursuant to 

section 751(c) of the Tariff Act of 1930 

as amended (the Act). As a result of its 

reviews, Commerce determined that a 

revocation of the Orders would likely 

lead to continuation or recurrence of 

dumping and countervailable subsidies 

and, therefore, notified the ITC of the 

magnitude of the margins and net 

subsidy rates likely to prevail should 

the Orders be revoked.4

On July 7, 2021, the ITC published its 

determinations, pursuant to sections 

751(c) and 752(a) of the Act, that 

revocation of the Orders would likely 

lead to continuation or recurrence of 

material injury to an industry in the 

United States within a reasonably 

foreseeable time.5

Scope of the Orders 

The products covered by the Orders 

include anhydrous Dipotassium 

Phosphate (DKP) and Tetrapotassium 

Pyrophosphate (TKPP), whether 

anhydrous or in solution (collectively 

‘‘phosphate salts’’). 

TKPP, also known as normal 

potassium pyrophosphate, 

Diphosphoric acid or Tetrapotassium 

salt, is a potassium salt with the formula 

K4P2O7. The CAS registry number for 

TKPP is 7320–34–5. TKPP is typically 

18.7 percent phosphorus and 47.3 

percent potassium. It is generally greater 

than or equal to 43.0 percent P2O5

content. TKPP is classified under 

heading 2835.39.1000 of the 

Harmonized Tariff Schedule of the 

United States (HTSUS). 

DKP, also known as Dipotassium salt, 

Dipotassium hydrogen orthophosphate 

or Potassium phosphate, dibasic, has a 

chemical formula of K2HPO4. The CAS 

registry number for DKP is 7758–11–4. 

DKP is typically 17.8 percent 

phosphorus, 44.8 percent potassium and 

40 percent P2O5 content. DKP is 

classified under heading 2835.24.0000, 

HTSUS. 

The products covered by these Orders 

include the foregoing phosphate salts in 

all grades, whether food grade or 

technical grade. The products covered 

by these Orders includes anhydrous 

DKP without regard to the physical 

form, whether crushed, granule, powder 

or fines. Also covered are all forms of 

TKPP, whether crushed, granule, 

powder, fines or solution. 

For purposes of the Orders, the 

narrative description is dispositive, and 

not the tariff heading, American 

Chemical Society, CAS registry number 

or CAS name, or the specific percentage 

chemical composition identified above. 

Continuation of the Orders 

As a result of the determinations by 

Commerce and the ITC that revocation 

of the Orders would likely lead to a 

continuation or a recurrence of dumping 

and countervailable subsidies, as well as 

material injury to an industry in the 

United States, pursuant to section 

751(d)(2) of the Act and 19 CFR 

351.218(a), Commerce hereby orders the 

continuation of the Orders. 

U.S. Customs and Border Protection 

will continue to collect AD and CVD 

cash deposits at the rates in effect at the 

time of entry for all imports of subject 

merchandise. The effective date of the 

continuation of the Orders will be the 

date of publication in the Federal 

Register of this notice of continuation. 

Pursuant to section 751(c)(2) of the Act 

and 19 CFR 351.218(c)(2), Commerce 

intends to initiate the next five-year 

review of the Orders not later than 30 

days prior to the fifth anniversary of the 

effective date of continuation. 

Administrative Protective Order 

This notice also serves as the only 

reminder to parties subject to 

administrative protective order (APO) of 

their responsibility concerning the 

return/destruction or conversion to 

judicial protective order of proprietary 

information disclosed under APO in 

accordance with 19 CFR 351.305(a)(3). 

Failure to comply is a violation of the 

APO which may be subject to sanctions. 

Notification to Interested Parties 

These five-year sunset reviews and 

this notice are in accordance with 

sections 751(c) and 751(d)(2) of the Act 

and published in accordance with 

section 777(i)(1) of the Act and 19 CFR 

351.218(f)(4). 

Dated: July 7, 2021. 

James Maeder, 

Deputy Assistant Secretary for Antidumping 

and Countervailing Duty Operations. 

[FR Doc. 2021–14756 Filed 7–9–21; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–122–857] 

Initiation and Preliminary Results of 

Changed Circumstances Review: 

Certain Softwood Lumber Products 

From Canada 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(Commerce) is initiating a changed 

circumstances review (CCR) of the 

antidumping duty (AD) order on certain 

softwood lumber products (softwood 

lumber) from Canada and 

simultaneously issuing preliminary 

results finding CHAP Alliance, Inc. 

(CHAP) to be the successor-in-interest to 

L’Atelier de Readaption au Travail de 

Beauce Inc. (L’Atelier). 

DATES: Applicable July 12, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Maisha Cryor, 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) 482–5831. 

SUPPLEMENTARY INFORMATION: 

Background 

On January 3, 2018, Commerce 

published in the Federal Register an AD 

order on softwood lumber from 

Canada.1 On May 5, 2021, Commerce 

received a request on behalf of CHAP for 

an expedited CCR to establish CHAP as 

the successor-in-interest to L’Atelier 

with respect to the Order.2 On June 8, 

2021, Commerce informed CHAP that it 

required additional information in order 

to determine whether to initiate the 

requested CCR.3 On June 24, 2021, 

CHAP provided the requested 

information.4

Scope of the Order 

The merchandise covered by the 

Order is softwood lumber, siding, 

flooring and certain other coniferous 

wood (softwood lumber products). 


khammond on DSKJM1Z7X2PROD with NOTICES
36526 Federal Register / Vol. 86, No. 130 / Monday, July 12, 2021 / Notices 

5For a complete description of the scope of the 

Order, see Memorandum, ‘‘Initiation and 

Preliminary Results of Changed Circumstances 

Review: Certain Softwood Lumber Products from 

Canada,’’ dated concurrently with, and hereby 

adopted by, this notice (Preliminary Decision 

Memorandum). 

6See, e.g., Notice of Initiation and Preliminary 

Results of Antidumping Duty Changed 

Circumstances Review: Certain Softwood Lumber 

Products from Canada, 70 FR 50299 (August 26, 

2005). 

7See Initiation and Preliminary Results of 

Antidumping Duty Changed Circumstances Review: 

Multilayered Wood Flooring from the People’s 

Republic of China, 79 FR 48117,48118 (August 15, 

2014), unchanged in Multilayered Wood Flooring 

from the People’s Republic of China: Final Results 

of Changed Circumstances Review, 79 FR 58740 

(September 30, 2014). 

8 Id. 

9See, e.g., Certain Circular Welded Carbon Steel 

Pipes and Tubes from Taiwan: Initiation of 

Antidumping Duty Changed Circumstance Review, 

70 FR 17063, 17064 (April 4, 2005); and Fresh and 

Chilled Atlantic Salmon from Norway: Final Results 

of Changed Circumstances Antidumping 

Administrative Review, 64 FR 9979, 9980 (March 1, 

1999). 

10See CCR Request at Exhibit 4, Attachment A. 

11 Id. at Exhibit 4, Attachment B. 

12 Id. at Exhibit 4, Attachments C and D. 

13Commerce is exercising its discretion under 19 

CFR 351.309(c)(1)(ii) to alter the time limit for the 

filing of case briefs. 

14Commerce is exercising its discretion under 19 

CFR 351.309(d)(1) to alter the time limit for the 

filing of rebuttal briefs. 

15Commerce is exercising its discretion under 19 

CFR 351.310(c) to alter the time limit for requesting 

a hearing. 

16ACCESS is available to registered users at 

https://access.trade.gov; see also Temporary Rule 

Modifying AD/CVD Service Requirements Due to 

Covid–19; Extension of Effective Period, 85 FR 

41363, (July 10, 2020). 

Softwood lumber product imports are 

generally entered under Chapter 44 of 

the Harmonized Tariff Schedule of the 

United States (HTSUS). Although the 

HTSUS subheadings are provided for 

convenience and customs purposes, the 

written description of the scope of the 

Order is dispositive.5

Initiation 

Pursuant to section 751(b)(1) of the 

Tariff Act of 1930, as amended (the Act) 

and 19 CFR 351.216(d), Commerce will 

conduct a CCR upon receipt of 

information or a review request showing 

changed circumstances sufficient to 

warrant a review of an order. Among 

other things, Commerce has conducted 

CCRs to consider the applicability of 

cash deposit rates after there have been 

changes in the name or structure of a 

company, such as a merger or spinoff 

(successor-in-interest, or successorship, 

determinations). 

We find the information provided is 

sufficient to warrant a CCR of the Order. 

Specifically, the information CHAP 

provided regarding L’Atelier’s name 

change to CHAP demonstrates changed 

circumstances sufficient to warrant a 

CCR with respect to the Order. 

Therefore, in accordance with section 

751(b)(1) of the Act and 19 CFR 

351.216(d), we are initiating a CCR to 

determine whether CHAP is the 

successor-in-interest to L’Atelier for 

purposes of the Order. 

In addition, Commerce’s regulations 

(19 CFR 351.221(c)(3)(ii)), permit it to 

initiate a CCR and issue the preliminary 

results of that CCR simultaneously if it 

concludes that expedited action is 

warranted. We have on the record the 

information necessary to make a 

preliminary finding and, therefore, we 

find that expedited action is warranted.6

Consequently, we are combining the 

initiation of the CCR described above 

and our preliminary results, in 

accordance with 19 CFR 

351.221(c)(3)(ii). 

Preliminary Results 

In determining whether one company 

is the successor to another for AD 

purposes, Commerce examines a 

number of factors including, but not 

limited to, changes in: (1) Management; 

(2) production facilities; (3) suppliers; 

and (4) customer base.7 While no one, 

or several, of these factors will 

necessarily provide a dispositive 

indication of succession, Commerce will 

generally consider one company to be 

the successor to another company if its 

resulting operations are essentially the 

same as those of its predecessor.8 Thus, 

if the evidence demonstrates that, with 

respect to the production and sale of the 

subject merchandise, the company, in 

its current form, operates as essentially 

the same business entity as the prior 

company, Commerce will assign the 

new company the cash deposit rate of 

its predecessor.9

CHAP provided evidence that: (1) 

L’Atelier’s name changed to CHAP in 

February 2021; and (2) there were no 

significant changes to management,10

production facilities,11 suppliers, or 

customer base.12 Based on the foregoing, 

which is explained in greater detail in 

the Preliminary Decision Memorandum, 

we preliminarily determine that CHAP 

is the successor-in-interest to L’Atelier 

for purposes of the Order. 

Should our final results of review 

remain the same as these preliminary 

results of review, effective the date of 

publication of the final results of 

review, we will instruct U.S. Customs 

and Border Protection to apply 

L’Atelier’s cash deposit rate to CHAP. 

Public Comment 

Interested parties may submit case 

briefs not later than 14 days after the 

date of publication of this notice.13

Rebuttal briefs, which must be limited 

to issues raised in case briefs, may be 

filed not later than seven days after the 

due date for case briefs.14 Parties who 

submit case briefs or rebuttal briefs in 

this CCR are requested to submit with 

each argument: (1) A statement of the 

issues; and (2) a brief summary of the 

arguments with electronic versions 

included. 

Any interested party may request a 

hearing within 14 days of publication of 

this notice.15 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. 

All submissions, with limited 

exceptions, must be filed electronically 

using Enforcement and Compliance’s 

Antidumping and Countervailing Duty 

Centralized Electronic Service System 

(ACCESS).16 An electronically filed 

document must be received successfully 

in its entirety by 5 p.m. Eastern Time 

(ET) on the due date. 

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 these reviews were 

initiated or within 45 days if all parties 

agree to the outcome of the review. 

We are issuing and publishing this 

initiation and preliminary results notice 

in accordance with sections 751(b)(1) 

and 777(i)(1) of the Act and 19 CFR 

351.216 and 351.221(c)(3). 

Dated: July 6, 2021. 

Ryan Majerus, 

Deputy Assistant Secretary for Policy and 

Negotiations. 

[FR Doc. 2021–14746 Filed 7–9–21; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–570–138] 

Pentafluoroethane (R–125) From the 

People’s Republic of China: 

Preliminary Affirmative Determination 

of Critical Circumstances, in Part, in 

the Countervailing Duty Investigation 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 


khammond on DSKJM1Z7X2PROD with NOTICES