[Federal Register Volume 86, Number 130 (Monday, July 12, 2021)]
[Notices]
[Pages 36525-36526]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-14746]


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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\
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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 CHAP's Letter, ``Certain Softwood Lumber from Canada: 
L'Atelier de R[eacute]adaptation au Travail de Beauce Inc. Request 
for Changed Circumstances Reviews,'' dated May 5, 2021 (CCR 
Request).
    \3\ See Commerce's Letter, ``Changed Circumstances Review of 
Certain Softwood Lumber Products from Canada: Supplemental 
Questionnaire,'' dated June 8, 2021.
    \4\ See CHAP's Letter, ``Certain Softwood Lumber from Canada: 
Supplemental Questionnaire Response,'' dated June 24, 2021.
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Scope of the Order

    The merchandise covered by the Order is softwood lumber, siding, 
flooring and certain other coniferous wood (softwood lumber products).

[[Page 36526]]

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\
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    \5\ For 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).
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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).
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    \6\ See, 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).
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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\
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    \7\ See 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.
    \9\ See, 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).
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    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.
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    \10\ See CCR Request at Exhibit 4, Attachment A.
    \11\ Id. at Exhibit 4, Attachment B.
    \12\ Id. at Exhibit 4, Attachments C and D.
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    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.
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    \13\ Commerce is exercising its discretion under 19 CFR 
351.309(c)(1)(ii) to alter the time limit for the filing of case 
briefs.
    \14\ Commerce is exercising its discretion under 19 CFR 
351.309(d)(1) to alter the time limit for the filing of rebuttal 
briefs.
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    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.
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    \15\ Commerce is exercising its discretion under 19 CFR 
351.310(c) to alter the time limit for requesting a hearing.
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    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.
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    \16\ ACCESS 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).
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    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