[Federal Register Volume 89, Number 10 (Tuesday, January 16, 2024)]
[Notices]
[Pages 2583-2584]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-00660]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-122-858]


Certain Softwood Lumber From Canada: Preliminary Results of 
Changed Circumstances Review

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminary 
determines that four producers/exporters subject to the countervailing 
duty (CVD) order on certain softwood lumber from Canada, Interfor 
Corporation, EACOM Timber Corporation, Chaleur Forest Products Inc., 
and Chaleur Forest Products LP, are cross-owned entities. Interested 
parties are invited to comment on these preliminary results.

DATES: Applicable January 16, 2024.

FOR FURTHER INFORMATION CONTACT: Samuel Brummitt, 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) 482-7851.

SUPPLEMENTARY INFORMATION:

Background

    On January 3, 2018, Commerce published the CVD order on certain 
softwood lumber from Canada.\1\ On May 11, 2023, the petitioner \2\ 
requested that Commerce initiate a changed circumstances review (CCR) 
of the Order, pursuant to section 751(b)(1) of the Tariff Act of 1930, 
as amended (the Act), 19 CFR 351.216, and 19 CFR 251.221(c)(3).\3\ 
Specifically, the petitioner requested that Commerce determine that 
Interfor Corporation, EACOM Timber Corporation, Chaleur Forest Products 
Inc., and Chaleur Forest Products LP are cross-owned entities.\4\ On 
July 27, 2023, Commerce initiated the requested CCR.\5\
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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\ The petitioner is the Committee Overseeing Action for Lumber 
International Trade Investigations or Negotiations, an ad hoc 
association whose members are: U.S. Lumber Coalition, Inc.; Collum's 
Lumber Products, L.L.C.; Fox Lumber Sales, Inc.; Hankins, Inc.; 
Pleasant River Lumber Company; PotlatchDeltic; S.I. Storey Lumber 
Co., Inc.; Stimson Lumber Company; Swanson Group; Weyerhaeuser 
Company; Giustina Land and Timber Company; and Sullivan Forestry 
Consultants, Inc.
    \3\ See Petitioner's Letter, ``Request for Changed Circumstances 
Review,'' dated May 11, 2023.
    \4\ Id.
    \5\ See Certain Softwood Lumber from Canada: Notice of 
Initiation of Changed Circumstances Review, 88 FR 48440 (July 27, 
2023) (Initiation Notice).
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Scope of the Order

    The merchandise covered by this Order is softwood lumber, siding, 
flooring, and certain other coniferous wood (softwood lumber products). 
For a complete description of the scope, see the Preliminary Decision 
Memorandum.\6\
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    \6\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Changed Circumstances Review of the Countervailing 
Duty Order on Softwood Lumber Products from Canada,'' dated 
concurrently with, and hereby adopted by, this notice (Preliminary 
Decision Memorandum).
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Preliminary Results of Changed Circumstances Review

    Pursuant to section 751(b) of the Act, Commerce is conducting a CCR 
based on a request from an interested party \7\ that shows changed 
circumstances sufficient to warrant a review of an order. In accordance 
with 19 CFR 351.221(b)(4) and (c)(3)(i), we preliminary find that the 
record contains information indicating that Interfor Corporation, EACOM 
Timber Corporation, Chaleur Forest Products Inc., and Chaleur Forest 
Products LP meet the definition of cross-ownership under 19 CFR 
351.525(b)(6).
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    \7\ The petitioner is an ad hoc association and the majority the 
members of the association are composed of interested parties as 
described in section 771(9)(C), (D), and (E) of the Act, with 
respect to a domestic like product.
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    For a complete discussion of the information that Interfor 
Corporation and the petitioner provided and the complete cross-
ownership 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

[[Page 2584]]

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

    Interested parties are invited to comment on the preliminary 
results of this CCR in accordance with 19 CFR 351.309(c)(1)(ii). 
Comments may be submitted to Commerce no later than 10 days after the 
date of publication of this notice.\8\ Rebuttal comments may be filed 
with Commerce no later than five days after the comments are filed. 
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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    \8\ Commerce is exercising its discretion under 19 CFR 
351.309(c)(1)(ii) to alter the time limit for the filing of case 
briefs. See 19 CFR 351.309(d)(1).
    \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 in 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\ All submissions must be filed electronically using the 
Enforcement and Compliance's ACCESS. An electronically filed document 
must be received successfully in its entirety in ACCESS by 5:00 p.m. 
Eastern Time on the due date set forth in this notice.
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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 Administrative Protective Order, Service, and Other 
Procedures in Antidumping and Countervailing Duty Proceedings; Final 
Rule, 88 FR 67069 (September 29, 2023).
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, filed electronically via 
ACCESS, within ten days of publication of this notice in the Federal 
Register. Requests should contain: (1) the party's name, address, and 
telephone number; (2) the number of participants; and (3) a list of 
issues to be discussed. Issues raised in the hearing will be limited to 
those raised in the respective case 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 the Changed Circumstances Review

    Commerce will issue the final results of this CCR, which will 
include its analysis of any written comments, no later than 270 days 
after the date on which this review was initiated.\12\ The current 
requirement for cash deposits of estimated antidumping and 
countervailing duties on all entries of subject merchandise will not 
change as the result of this preliminary CCR determination. As noted in 
the Initiation Notice and Preliminary Decision Memorandum, the purpose 
of this CCR does not include identifying the applicable cash deposit 
rates, but rather making determinations of cross-ownership. 
Furthermore, we note that Interfor Corporation, EACOM Timber 
Corporation, Chaleur Forest Products Inc., and Chaleur Forest Products 
LP are all already receiving the same cash deposit rate assigned to 
non-selected companies.\13\
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    \12\ See 19 CFR 351.216(e).
    \13\ See Certain Softwood Lumber Products from Canada: Final 
Results and Final Rescission, in Part, of the Countervailing Duty 
Administrative Review; 2021, 88 FR 50103 (August 1, 2023).
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Notification to Interested Parties

    These preliminary results of a CCR and this notice are published in 
accordance with sections 751(b) and 777(i) of the Act and 19 CFR 
351.216, and 19 CFR 351.221(c)(3).

    Dated: January 9, 2024.
Abdelali Elouaradia,
Deputy 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. Preliminary Determination of Cross-Ownership
V. Recommendation

[FR Doc. 2024-00660 Filed 1-12-24; 8:45 am]
BILLING CODE 3510-DS-P