Federal Register / Vol. 86, No. 149 / Friday, August 6, 2021 / Notices 43187 

14See Amended Final Determination. 15See AK Steel’s Letter, ‘‘Petitioner’s Request for 

Verification,’’ dated December 3, 2020. 16See 19 CFR 351.224(b). 

17See 19 CFR 351.309(d); see also Temporary 

Rule Modifying AD/CVD Service Requirements Due 

to COVID–19, 85 FR 17006 (March 26, 2020); and 

Temporary Rule Modifying AD/CVD Service 

Requirements Due to COVID–19; Extension of 

Effective Period, 85 FR 41363 (July 10, 2020) 

(collectively, Temporary Rule). 

18See 19 CFR 351.309(c)(2) and (d)(2). 

19See Temporary Rule. 

20See 19 CFR 351.310(c). 

21See 19 CFR 351.310. 

for merchandise exported by producers 

or exporters not covered in this 

administrative review but covered in a 

prior segment of the proceeding, the 

cash deposit rate will continue to be the 

company-specific rate published for the 

most recently completed segment of this 

proceeding in which the producer or 

exporter participated; (3) if the exporter 

is not a firm covered in this review, a 

prior review, or the original LTFV 

investigation but the producer is, the 

cash deposit rate will be the rate 

established for the most recently 

completed segment of the proceeding 

for the producer of the merchandise; 

and (4) the cash deposit rate for all other 

producers or exporters will continue to 

be 3.66 percent, the all-others rate 

established in Amended Final 

Determination.14 These deposit 

requirements, when imposed, shall 

remain in effect until further notice. 

Verification 

On December 3, 2020, AK Steel 

Corporation (AK Steel), a domestic 

interested party, requested, pursuant to 

19 CFR 351.307(b)(1)(v) that Commerce 

conduct verification of the 

questionnaire responses of Prosperity 

and YP.15 Commerce is currently unable 

to conduct on-site verification of the 

information relied upon in making its 

final results of this administrative 

review. Accordingly, we intend to take 

additional steps in lieu of on-site 

verification to verify the information. 

Commerce will notify interested parties 

of any additional documentation or 

information required. 

Disclosure and Public Comment 

Commerce will disclose to parties to 

this proceeding the calculations 

performed in reaching the preliminary 

results within five days of the date of 

publication of these preliminary 

results.16 Case briefs may be submitted 

to the Assistant Secretary for 

Enforcement and Compliance. 

Interested parties will be notified of the 

timeline for the submission of such case 

briefs and written comments at a later 

date. Rebuttal briefs, limited to issues 

raised in the case briefs, may be filed no 

later than seven days after the date for 

filing case briefs.17 Parties who submit 

case briefs or rebuttal briefs in this 

proceeding are requested to submit with 

the argument: (1) A statement of the 

issue, (2) a summary of the argument, 

and (3) a table of authorities.18 All briefs 

must be filed electronically using 

ACCESS. An electronically filed 

document must be received successfully 

in its entirety by Commerce’s electronic 

records system, ACCESS. Note that 

Commerce has temporarily modified 

certain of its requirements for serving 

documents containing business 

proprietary information, until further 

notice.19

Interested parties who wish to request 

a hearing must submit a written request 

to the Assistant Secretary for 

Enforcement and Compliance, U.S. 

Department of Commerce, using 

Enforcement and Compliance’s ACCESS 

system within 30 days of publication of 

this notice.20 Requests should contain 

the party’s name, address, and 

telephone number, the number of 

participants, and a list of the issues to 

be discussed. If a request for a hearing 

is made, we will inform parties of the 

scheduled date for the hearing at a time 

and location to be determined.21 Parties 

should confirm by telephone the date, 

time, and location of the hearing. 

Unless the deadline is extended 

pursuant to section 751(a)(3)(A) of the 

Act and 19 CFR 351.213(h)(2), 

Commerce will issue the final results of 

this administrative review, including 

the results of our analysis of the issues 

raised by the parties in their case briefs, 

not later than 120 days after the date of 

publication of this notice, pursuant to 

section 751(a)(3)(A) of the Act. 

Notification to Importers 

This notice also serves as a 

preliminary reminder to importers of 

their responsibility under 19 CFR 

351.402(f)(2) to file a certificate 

regarding the reimbursement of 

antidumping duties prior to liquidation 

of the relevant entries during this 

review period. Failure to comply with 

this requirement could result in 

Commerce’s presumption that 

reimbursement of antidumping duties 

occurred and the subsequent assessment 

of double antidumping duties. 

Notification to Interested Parties 

These preliminary results of review 

are issued and published in accordance 

with sections 751(a)(1) and 777(i)(1) of 

the Act and 19 CFR 351.221(b)(4). 

Dated: July 30, 2021. 

Christian Marsh, 

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. Partial Rescission of Administrative 

Review 

V. Affiliation and Collapsing 

VI. Preliminary Determination of No 

Shipments 

VII. Duty Absorption 

VIII. Rate for Respondent Not Selected for 

Individual Examination 

IX. Discussion of the Methodology 

X. Currency Conversion 

XI. Recommendation 

[FR Doc. 2021–16838 Filed 8–5–21; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–051, C–570–052] 

Certain Hardwood Plywood Products 

From the People’s Republic of China: 

Notice of Court Decision Not in 

Harmony With Final Circumvention 

Determination and Notice of Amended 

Final Circumvention Determination 

Pursuant to Court Decision 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: On July 21, 2021, the U.S. 

Court of International Trade (CIT) 

issued its final judgment in Shelter 

Forest International Acquisition Inc., et 

al. v. United States, Consol. Court no. 

19–00212, sustaining the Department of 

Commerce (Commerce)’s first remand 

redetermination pertaining to the anticircumvention determination for the 

antidumping and countervailing duty 

orders on certain hardwood plywood 

products (plywood) from the People’s 

Republic of China. In the underlying 

inquiry, Commerce originally found that 

plywood with face and back veneers of 

radiata and/or agathis pine that: (1) Has 

a Toxic Substances Control Act (TSCA) 

or California Air Resources Board 

(CARB) label certifying that it is 

compliant with TSCA/CARB 

requirements; and (2) is made with a 

resin, the majority of which is 

comprised of one or more of the 

following three product types—urea 

formaldehyde, polyvinyl acetate, and/or 

soy (inquiry merchandise) was 

circumventing the orders, and was, 

therefore, included in the scope of the 

orders. Commerce is notifying the 


jbell on DSKJLSW7X2PROD with NOTICES
43188 Federal Register / Vol. 86, No. 149 / Friday, August 6, 2021 / Notices 

1See Certain Hardwood Plywood Products from 

the People’s Republic of China: Amended Final 

Determination of Sales at Less Than Fair Value, 

and Antidumping Duty Order, 83 FR 504 (January 

4, 2018); and Certain Hardwood Plywood Products 

from the People’s Republic of China: Countervailing 

Duty Order, 82 FR 513 (January 4, 2018) 

(collectively, Orders); see also Certain Hardwood 

Plywood Products from the People’s Republic of 

China: Affirmative Final Determination of 

Circumvention of the Antidumping and 

Countervailing Duty Orders, 84 FR 65783 

(November 29, 2019) (Final Anti-Circumvention 

Determination). 

2See Shelter Forest International Acquisition Inc., 

et al. v. United States, Consol. Court No. 19–00212, 

Slip Op. 21–19 (CIT February 18, 2021) (Remand 

Opinion and Order). The CIT further ruled that if, 

on remand, Commerce continues to reach an 

affirmative determination, Commerce must 

reconsider or further explain the cash deposit rates 

of the plaintiffs, amend the effective date of the 

affirmative determination, and notify the 

International Trade Commission of its 

determination. 

3See Final Results of Redetermination Pursuant 

to Court Remand: Shelter Forest International 

Acquisition Inc., et al. v. United States, Consol. 

Court No. 19–00212, Slip Op. 21–19 (CIT February 

18, 2021) dated May 10, 2021 at 31. The CIT made 

additional findings, but Commerce was not required 

to address these other findings because they became 

moot as a result of the Shelter Forest determination. 

4See Shelter Forest International Acquisition Inc., 

et al. v. United States, Consol. Court No. 19–00212, 

Slip Op. 21–90 (CIT July 21, 2021). 

5See Timken Co. v. United States, 893 F.2d 337 

(Fed. Cir. 1990) (Timken). 

6See Diamond Sawblades Manufacturers 

Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 

2010) (Diamond Sawblades). 

public that the CIT’s final judgment is 

not in harmony with Commerce’s 

original anti-circumvention 

determination, and that Commerce is 

amending the anti-circumvention 

determination to find that inquiry 

merchandise is not circumventing the 

orders, and, therefore, is not included in 

the scope of the orders. 

DATES: Applicable July 31, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Rachel Greenberg, AD/CVD Operations, 

Office V, Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230; telephone: (202) 482–1110. 

Background 

On November 29, 2019, Commerce 

found inquiry merchandise to be 

circumventing the scope of the Orders, 

and that, therefore, such merchandise 

should be included in the scope of those 

Orders.1 A number of foreign producers/ 

exporters and U.S. importers, including 

Shelter Forest International Acquisition, 

Inc. (Shelter Forest) et al., IKEA Supply 

AG, Shanghai Futuwood Trading Co., 

Ltd. et al., and Taraca Pacific, Inc. et al., 

appealed Commerce’s Final AntiCircumvention Determination. On 

February 18, 2021, the CIT remanded 

the Final Anti-Circumvention 

Determination to Commerce and 

directed that Commerce: (1) Explain 

why it is reasonable to require evidence 

of the actual TSCA or CARB label 

adhered to the product; (2) address a 

variety of evidentiary issues related to 

the composition of the glue used to 

produce the inquiry merchandise; and 

(3) accept, and consider, three 

submissions which either contained a 

translation error, was received late in 

the process, or contained new legal 

argument.2 Commerce complied with 

the Court’s remand and accepted the 

identified submissions. 

In its final remand redetermination, 

issued on May 10, 2021, Commerce 

found that additional information 

submitted pursuant to the CIT’s Remand 

Opinion and Order demonstrated that 

Shelter Forest sold inquiry merchandise 

prior to December 8, 2016, and thus 

inquiry merchandise was commercially 

available prior to the initiation of the 

investigation (i.e., was not laterdeveloped merchandise). Therefore, on 

remand, Commerce determined inquiry 

merchandise was not circumventing the 

Orders, and is not included in the scope 

of the Orders.3 In light of this finding, 

Commerce found it unnecessary to 

address the remaining directives by the 

CIT. The CIT sustained Commerce’s 

final redetermination.4

Timken Notice 

In its decision in Timken,5 as clarified 

by Diamond Sawblades,6 the Court of 

Appeals for the Federal Circuit held 

that, pursuant to section 516A(c) and (e) 

of the Tariff Act of 1930, as amended 

(the Act), Commerce must publish a 

notice of court decision that is not ‘‘in 

harmony’’ with a Commerce 

determination and must suspend 

liquidation of entries pending a 

‘‘conclusive’’ court decision. The CIT’s 

July 21, 2021, judgment constitutes a 

final decision of the CIT that is not in 

harmony with Commerce’s Final AntiCircumvention Determination. Thus, 

this notice is published in fulfillment of 

the publication requirements of Timken. 

Amended Final Anti-Circumvention 

Determinations 

In accordance with the CIT’s July 21, 

2021, final judgment, Commerce is 

amending its Final Anti-Circumvention 

Determination and finds that inquiry 

merchandise is not circumventing the 

Orders, and that the scope of the Orders 

does not include the products addressed 

in the Final Anti-Circumvention 

Determination. 

Liquidation of Suspended Entries 

Commerce will instruct U.S. Customs 

and Border Protection (CBP) that, 

pending any appeals, the cash deposit 

rate will be zero percent for the inquiry 

merchandise. In the event that the CIT’s 

final judgment is not appealed or is 

upheld on appeal, Commerce will 

instruct CBP to liquidate any 

unliquidated entries of inquiry 

merchandise entered for consumption 

on or after September 18, 2018, without 

regard to antidumping and 

countervailing duties and to lift 

suspension of liquidation of such 

entries. 

At this time, Commerce remains 

enjoined by CIT order from liquidating 

entries that were entered, or withdrawn 

from warehouse, for consumption 

during the period September 18, 2018, 

through December 31, 2020, for the 

following: 

(1) Imported by MJB Wood Group, 

Inc. (also known as MJB Wood Group, 

LLC) and: 

• Exported and produced by Lian 

Yungang Hong Yang Wood Industry Co. 

Ltd.; 

• exported by Suqian Yaorun Trade 

Co., Ltd. and produced by Pizhou 

Jiangshan Wood Co., Ltd.; 

• exported and produced by Foothill 

LVL and Plywood (Linyi) Co., Ltd.; 

• exported by China Link 

International (Huai’an) Co., Ltd. and 

produced by Lianyungang Ruixiang 

Wood Industry Co., Ltd.; or 

• exported and produced by Linyi 

Welling Wood Industry Hi-Tech. Co., 

Ltd.; 

(2) imported by Taraca Pacific, Inc. 

and: 

• exported by Linyi Chengen Import 

and Export Co., Ltd. and produced by 

Linyi Dongfangjuxin Wood Co., Ltd.; 

• exported by Lianyungang Yuantai 

International Trade Co., LTD. and 

produced by Linyi City Lanshan District 

Fuerda Wood Factory; 

• exported and produced by Linyi 

Linhai Wood Co., Ltd.; 

• exported and produced by Linyi 

Glary Plywood Co., Ltd.; or 

• exported by Shandong Qishan 

International Trading Co., Ltd. and 

produced by Linyi Tuopu Zhixin 

Wooden Industry Co., Ltd.; 

(3) produced and/or exported by 

Xuzhou Shelter Import & Export Co. and 

Shandong Shelter Forest Products Co., 

Ltd. 

These entries will remain enjoined 

pursuant to the terms of the injunction 

during the pendency of any appeals 

process. 


jbell on DSKJLSW7X2PROD with NOTICES
Federal Register / Vol. 86, No. 149 / Friday, August 6, 2021 / Notices 43189 

1See Certain Softwood Lumber Products from 

Canada: Amended Final Affirmative Countervailing 

Duty Determination and Countervailing Duty Order, 

83 FR 347 (January 3, 2018) (Order). 

2See Chaleur Companies’ Letter, ‘‘Certain 

Softwood Lumber Products from Canada: Chaleur’s 

Request for Changed Circumstances Reviews,’’ 

dated March 11, 2021 (CCR Request). 

3 Id. at 2–3. 

4See Certain Softwood Lumber Products from 

Canada: Notice of Initiation and Preliminarily 

Results of Countervailing Duty Changed 

Circumstances Review, 86 FR 33660 (June 25, 2021) 

(Initiation and Preliminary Results CCR). 

5For a complete description of the Order, see 

Memorandum, ‘‘Initiation and Preliminary Results 

of Changed Circumstances Review: Preliminary 

Decision Memorandum,’’ dated June 14, 2021. 

Notification to Interested Parties 

This notice is issued and published in 

accordance with sections 516A(c) and 

(e) and 777(i)(1) of the Act. 

Dated: July 22, 2021. 

Christian Marsh, 

Acting Assistant Secretary for Enforcement 

and Compliance. 

[FR Doc. 2021–16081 Filed 8–5–21; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–122–858] 

Certain Softwood Lumber Products 

From Canada: Notice of Final Results 

of Countervailing Duty Changed 

Circumstances Review 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: On June 25, 2021, the 

Department of Commerce (Commerce) 

published the initiation and preliminary 

results of a changed circumstances 

review (CCR) of the countervailing duty 

(CVD) order on certain softwood lumber 

products (softwood lumber) from 

Canada. For these final results, 

Commerce continues to find that 

Chaleur Forest Products LP (CFP LP) 

and Chaleur Forest Products Inc. (CFP 

Inc.) are the successors-in-interest (SIIs) 

to Chaleur Sawmills LP (Chaleur LP) 

and Fornebu Lumber Co. Inc. (Fornebu 

Inc.), respectively, in the context of the 

CVD order on softwood lumber from 

Canada. 

DATES: Applicable August 6, 2021. 

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 March 11, 2021, CFP LP and CFP 

Inc. (collectively, the Chaleur 

Companies) requested that, pursuant to 

section 751(b) of the Tariff Act of 1930, 

as amended (the Act), 19 CFR 351.216, 

and 19 CFR 351.221(c)(3), Commerce 

conduct a CCR of the Order 1 to confirm 

that CFP LP and CFP Inc. are the SIIs 

to Chaleur LP and Fornebu Inc., 

respectively, and accordingly, to assign 

them the cash deposit rates of Chaleur 

LP and Fornebu Inc.2 In their 

submission, the Chaleur Companies 

state that Chaleur LP and Fornebu Inc. 

undertook name changes to CFP LP and 

CFP Inc., respectively, but are otherwise 

unchanged.3

On June 25, 2021, Commerce initiated 

a CCR and preliminarily determined 

that CFP LP and CFP Inc. are the SIIs 

to Chaleur LP and Fornebu Inc., 

respectively.4 In the Initiation and 

Preliminary Results CCR, we provided 

all interested parties with an 

opportunity to comment on the results. 

However, we received no comments. 

Scope of the Order 

The merchandise subject to the Order 

is certain softwood lumber products.5

The products are currently classified 

under the following Harmonized Tariff 

Schedule of the United States (HTSUS) 

item numbers: 4406.11.0000; 

4406.91.0000; 4407.10.01.01; 

4407.10.01.02; 4407.10.01.15; 

4407.10.01.16; 4407.10.01.17; 

4407.10.01.18; 4407.10.01.19; 

4407.10.01.20; 4407.10.01.42; 

4407.10.01.43; 4407.10.01.44; 

4407.10.01.45; 4407.10.01.46; 

4407.10.01.47; 4407.10.01.48; 

4407.10.01.49; 4407.10.01.52; 

4407.10.01.53; 4407.10.01.54; 

4407.10.01.55; 4407.10.01.56; 

4407.10.01.57; 4407.10.01.58; 

4407.10.01.59; 4407.10.01.64; 

4407.10.01.65; 4407.10.01.66; 

4407.10.01.67; 4407.10.01.68; 

4407.10.01.69; 4407.10.01.74; 

4407.10.01.75; 4407.10.01.76; 

4407.10.01.77; 4407.10.01.82; 

4407.10.01.83; 4407.10.01.92; 

4407.10.01.93; 4407.11.00.01; 

4407.11.00.02; 4407.11.00.42; 

4407.11.00.43; 4407.11.00.44; 

4407.11.00.45; 4407.11.00.46; 

4407.11.00.47; 4407.11.00.48; 

4407.11.00.49; 4407.11.00.52; 

4407.11.00.53; 4407.12.00.01; 

4407.12.00.02; 4407.12.00.17; 

4407.12.00.18; 4407.12.00.19; 

4407.12.00.20; 4407.12.00.58; 

4407.12.00.59; 4407.19.05.00; 

4407.19.06.00; 4407.19.10.01; 

4407.19.10.02; 4407.19.10.54; 

4407.19.10.55; 4407.19.10.56; 

4407.19.10.57; 4407.19.10.64; 

4407.19.10.65; 4407.19.10.66; 

4407.19.10.67; 4407.19.10.68; 

4407.19.10.69; 4407.19.10.74; 

4407.19.10.75; 4407.19.10.76; 

4407.19.10.77; 4407.19.10.82; 

4407.19.10.83; 4407.19.10.92; 

4407.19.10.93; 4409.10.05.00; 

4409.10.10.20; 4409.10.10.40; 

4409.10.10.60; 4409.10.10.80; 

4409.10.20.00; 4409.10.90.20; 

4409.10.90.40; 4418.50.0010; 

4418.50.0030; 4418.50.0050 and 

4418.99.10.00. Although the HTSUS 

numbers are provided for convenience 

and customs purposes, the written 

product description remains dispositive. 

Final Results of CCR 

For the reasons stated in the Initiation 

and Preliminary Results CCR, 

Commerce continues to find that CFP 

LP and CFP Inc. are the SIIs to Chaleur 

LP and Fornebu Inc., respectively. As a 

result of this determination and 

consistent with established practice, we 

find that CFP LP and CFP Inc. should 

receive the cash deposit rates previously 

assigned to Chaleur LP and Fornebu 

Inc., respectively. Consequently, 

Commerce will instruct U.S. Customs 

and Border Protection to suspend 

liquidation of all shipments of subject 

merchandise produced and/or exported 

by CFP LP and CFP Inc. and entered, or 

withdrawn from warehouse, for 

consumption on or after the publication 

date of this notice in the Federal 

Register at the cash deposit rate in effect 

for Chaleur LP and Fornebu Inc., 

respectively. This cash deposit 

requirement shall remain in effect until 

further notice. 

Notification to Interested Parties 

We are issuing this determination and 

publishing these final results and notice 

in accordance with sections 751(b)(1) 

and 777(i)(1) and (2) of the Act, and 19 

CFR 351.216(e), 351.221(b), and 

351.221(c)(3). 

Dated: August 2, 2021. 

Ryan Majerus, 

Deputy Assistant Secretary for Policy and 

Negotiations. 

[FR Doc. 2021–16839 Filed 8–5–21; 8:45 am] 

BILLING CODE 3510–DS–P 


jbell on DSKJLSW7X2PROD with NOTICES