[Federal Register Volume 88, Number 98 (Monday, May 22, 2023)]
[Notices]
[Pages 32733-32734]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10858]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-122-857]


Preliminary Results of Changed Circumstances Review: Antidumping 
Duty Order on Certain Softwood Lumber Products From Canada

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that GreenFirst Forest Products (QC) Inc. (GreenFirst QC) is 
the successor-in-interest to Rayonier A.M. Canada G.P. (RYAM) and, 
accordingly, that subject merchandise produced and/or exported by 
GreenFirst QC should be assigned the cash deposit rate established for 
subject merchandise produced and/or exported by RYAM for purposes of 
the antidumping duty order on certain softwood lumber products 
(softwood lumber) from Canada.

DATES: Applicable May 22, 2023.

FOR FURTHER INFORMATION CONTACT: Zachary Shaykin, 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) 482-2638.

SUPPLEMENTARY INFORMATION: 

Background

    On November 17, 2022, Commerce published the initiation of a 
changed circumstances review (CCR) on the antidumping duty order \1\ of 
softwood lumber from Canada.\2\ Commerce declined to combine the 
Initiation Notice with the preliminary results of the CCR,\3\ citing 
the need to issue an additional supplemental questionnaire to 
GreenFirst Forest Products Inc. (GreenFirst Forest Products) and its 
subsidiary, GreenFirst QC (collectively, GreenFirst), regarding 
GreenFirst QC's ownership and management, supplier base, and customer 
base.\4\ On December 16, 2022 and April 17, 2023, we issued 
supplemental questionnaires to GreenFirst requesting this 
information.\5\ On December 27, 2022 and April 24, 2023, GreenFirst 
timely responded to these supplemental questionnaires.\6\ On January 6 
and 13, 2023, the Committee Overseeing Action for Lumber International 
Trade Investigations or Negotiations (COALITION) and GreenFirst 
submitted rebuttal and surrebuttal comments, respectively regarding 
GreenFirst's First Supplemental Response.\7\ No other interested party 
submitted comments or factual information regarding GreenFirst's 
request.
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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 Certain Softwood Lumber Products from Canada: Initiation 
of Antidumping Duty Changed Circumstances Review, 87 FR 69004 
(November 17, 2022) (Initiation Notice).
    \3\ See 19 CFR 351.221(c)(3)(ii).
    \4\ See Initiation Notice.
    \5\ See Commerce's Letters, ``Investigation of Certain Softwood 
Lumber Products from Canada: Supplemental Questionnaire,'' dated 
December 16, 2022; and ``Changed Circumstances Review of Certain 
Softwood Lumber Products from Canada: Second Supplemental 
Questionnaire,'' dated April 17, 2023.
    \6\ See GreenFirst's Letters, ``Softwood Lumber from Canada: 
Supplemental Questionnaire Response,'' dated December 27, 2022 
(First Supplemental Response); and ``Softwood Lumber from Canada: 
Second Supplemental Questionnaire Response,'' dated April 24, 2023.
    \7\ See COALITION's Letter, ``Certain Softwood Lumber Products 
from Canada: Comments on GreenFirst's Response to Supplemental 
Questionnaire,'' dated January 6, 2023; see also GreenFirst's 
Letter, ``Softwood Lumber from Canada: Rebuttal Factual Information 
and Comments on Petitioner's January 6, 2023, Submission,'' dated 
January 13, 2023.
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Scope of the Order

    The products covered by the Order is softwood lumber from Canada. 
For a complete description of the scope of the Order, see the 
Preliminary Decision Memorandum.\8\
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    \8\ See Memorandum, ``Decision Memorandum for the 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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Legal Framework

    In determining whether one company is the successor-in-interest to 
another company as part of an antidumping duty proceeding, Commerce 
examines several factors including, but not limited to: (1) management 
and ownership; (2) production facilities; (3) supplier relationships; 
and (4) customer base.\9\ Although no single, or even several, of these 
factors will necessarily provide a dispositive indication of 
succession, generally, Commerce will consider a company to be the 
successor-in-interest if its resulting operation is not materially 
dissimilar to that of its predecessor.\10\ Thus, if the ``totality of 
circumstances'' demonstrate that, with respect to the production and 
sale of the subject merchandise, the new company operates as 
essentially the same business entity as the prior company, Commerce 
will assign the successor-in-interest the cash deposit rate of its 
predecessor.\11\
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    \9\ See, e.g., Ball Bearings and Parts Thereof from France: 
Final Results of Changed-Circumstances Review, 75 FR 34688 (June 18, 
2010), and accompanying Issues and Decision Memorandum (IDM) at 
Comment 1.
    \10\ See, e.g., Fresh and Chilled Atlantic Salmon from Norway; 
Final Results of Changed Circumstances Antidumping Duty 
Administrative Review, 64 FR 9979, 9980 (March 1, 1999).
    \11\ Id.; see also Brass Sheet and Strip from Canada: Final 
Results of Administrative Review, 57 FR 20461 (May 13, 1992), and 
accompanying IDM at Comment 1.
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Preliminary Results of Review

    We preliminarily determine that GreenFirst QC is the successor-in-
interest to RYAM for purposes of the Order. Record evidence submitted 
by GreenFirst indicates that, based on the totality of the 
circumstances under Commerce's successor-in-interest criteria, 
GreenFirst QC operates as materially the same business entity as RYAM 
with respect to the production and sale of subject merchandise. In 
particular, we preliminarily find that while the management structure 
is materially dissimilar under Greenfirst QC from RYAM, there were not 
substantial changes in ownership. In addition, we preliminarily find 
that GreenFirst's production facilities, supplier relationships, and 
customer base with regard to the subject merchandise are substantially 
the same as RYAM's before GreenFirst's acquisition of RYAM's lumber 
assets.
    Therefore, based on record evidence, we preliminarily determine 
that GreenFirst QC is the successor-in-interest to RYAM, and the cash 
deposit rate assigned to RYAM should be the rate for GreenFirst QC as a 
result of this successor-in-interest finding. Should Commerce's final 
results of review remain the same as these preliminary results of 
review, GreenFirst QC will be

[[Page 32734]]

assigned the cash deposit rate currently assigned to RYAM with respect 
to the subject merchandise (i.e., 4.76 percent).\12\ Therefore, we will 
instruct U.S. Customs and Border Protection to suspend liquidation of 
entries of softwood lumber from Canada produced and/or exported by 
GreenFirst QC, effective on the publication date of the final results, 
at the cash deposit rate for estimated antidumping duties assigned to 
RYAM.
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    \12\ See Certain Softwood Lumber Products from Canada: Final 
Results of Antidumping Duty Administrative Review and Final 
Determination of No Shipments; 2020, 87 FR 48465 (August 9, 2022).
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    For the complete successor-in-interest analysis, see the 
Preliminary Decision Memorandum. A list of 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 
on file electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (ACCESS). 
ACCESS is available to registered users at https://access.trade.gov. In 
addition, a complete version of the Preliminary Decision Memorandum can 
be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.

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 no later than seven days after the due date for 
case briefs, in accordance with 19 CFR 351.309(d).\13\ Parties who 
submit case or rebuttal briefs are encouraged to submit with each 
argument: (1) a statement of the issue; (2) a brief summary of the 
argument; and (3) a table of authorities.\14\
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    \13\ Commerce is exercising its discretion under 19 CFR 
351.309(d)(1) to alter the time limit for the filing of rebuttal 
briefs.
    \14\ See 19 CFR 351.30(c)(2) and (d)(2).
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    All comments are to be filed electronically via ACCESS and must be 
served on interested parties.\15\ Note that Commerce has temporarily 
modified certain of its requirements for serving documents containing 
business proprietary information, until further notice.\16\ An 
electronically filed document must be received successfully in its 
entirety by ACCESS by 5:00 p.m. Eastern Time on the day on which it is 
due.
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    \15\ See generally 19 CFR 351.303.
    \16\ See 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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    Pursuant to 19 CFR 351.310(c), any interested party may request a 
hearing within 30 days of publication of this notice in the Federal 
Register. 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.

Final Results of Review

    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 this 
review was initiated.

Notification to Interested Parties

    This notice is published in accordance with sections 751(b)(1) and 
777(i)(1) of the Tariff Act of 1930, as amended and 19 CFR 
351.221(b)(4).

    Dated: May 16, 2023.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations.

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. 2023-10858 Filed 5-19-23; 8:45 am]
BILLING CODE 3510-DS-P