Federal Register - July 12, 2021

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Source: Federal Register

36526

Federal Register / Vol. 86, No. 130 / Monday, July 12, 2021 / Notices
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 751b1 of the Tariff Act of 1930, as amended the Act and 19 CFR 351.216d, 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 LAteliers name change to CHAP demonstrates changed circumstances sufficient to warrant a CCR with respect to the Order.
Therefore, in accordance with section 751b1 of the Act and 19 CFR
351.216d, we are initiating a CCR to determine whether CHAP is the successor-in-interest to LAtelier for purposes of the Order.
In addition, Commerces regulations 19 CFR 351.221c3ii, 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
351.221c3ii.
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;

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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.
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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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
LAteliers 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 LAtelier 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 LAteliers 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 7 See Initiation and Preliminary Results of Antidumping Duty Changed Circumstances Review:
Multilayered Wood Flooring from the Peoples Republic of China, 79 FR 48117,48118 August 15, 2014, unchanged in Multilayered Wood Flooring from the Peoples 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.
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.
13 Commerce is exercising its discretion under 19
CFR 351.309c1ii to alter the time limit for the filing of case briefs.
14 Commerce is exercising its discretion under 19
CFR 351.309d1 to alter the time limit for the filing of rebuttal briefs.

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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 partys 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 Compliances 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 351.216e, 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 751b1
and 777i1 of the Act and 19 CFR
351.216 and 351.221c3.
Dated: July 6, 2021.
Ryan Majerus, Deputy Assistant Secretary for Policy and Negotiations.
FR Doc. 202114746 Filed 7921; 8:45 am BILLING CODE 3510DSP

DEPARTMENT OF COMMERCE
International Trade Administration C570138

Pentafluoroethane R125 From the Peoples Republic of China:
Preliminary Affirmative Determination of Critical Circumstances, in Part, in the Countervailing Duty Investigation Enforcement and Compliance, International Trade Administration, Department of Commerce.

AGENCY:

15 Commerce is exercising its discretion under 19
CFR 351.310c to alter the time limit for requesting a hearing.
16 ACCESS is available to registered users at https access.trade.gov; see also Temporary Rule Modifying AD/CVD Service Requirements Due to Covid19; Extension of Effective Period, 85 FR
41363, July 10, 2020.

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Federal Register - July 12, 2021

TitoloFederal Register

PaeseStati Uniti

Data12/07/2021

Conteggio pagine157

Numero di edizioni7799

Prima edizione14/03/1936

Ultima edizione22/06/2026

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