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Federal Register / Vol. 71, No.

9 / Friday, January 13, 2006 / Notices 2189

DEPARTMENT OF COMMERCE questionnaire requesting further details classified under HTSUS 4415.20
on its acquisition of Weldwood. On July • garage doors
International Trade Administration 1, 2005, the Department granted West • edge–glued wood, properly
(A–122–838) Fraser an extension until July 19, 2005, classified under HTSUS
to file its response. The Department 4421.90.97.40 (formerly HTSUS
Notice of Preliminary Results of received West Fraser’s response on July 4421.90.98.40)
Antidumping Duty Changed 19, 2005. The Coalition submitted
comments to the Department on August • properly classified complete door
Circumstances Review: Certain
1, 2005. frames
Softwood Lumber Products from
Canada • properly classified complete
Scope of the Order window frames
AGENCY: Import Administration, The products covered by this order • properly classified furniture
International Trade Administration, are softwood lumber, flooring and Softwood lumber products excluded
Department of Commerce. siding (softwood lumber products). from the scope only if they meet certain
EFFECTIVE DATE: January 13, 2006. Softwood lumber products include all requirements:
FOR FURTHER INFORMATION CONTACT: products classified under headings
4407.1000, 4409.1010, 4409.1090, and • Stringers (pallet components used
Shane Subler or David Neubacher at for runners): if they have at least
(202) 482–0189 or (202) 482–5823, 4409.1020, respectively, of the
Harmonized Tariff Schedule of the two notches on the side, positioned
respectively; AD/CVD Operations, at equal distance from the center, to
Office 1, Import Administration, United States (HTSUS), and any
softwood lumber, flooring and siding properly accommodate forklift
International Trade Administration, blades, properly classified under
U.S. Department of Commerce, 14th described below. These softwood
lumber products include: HTSUS 4421.90.97.40 (formerly
Street & Constitution Avenue, NW., HTSUS 4421.90.98.40).
Washington, DC 20230. (1) coniferous wood, sawn or chipped
lengthwise, sliced or peeled, • Box–spring frame kits: if they
SUMMARY: On June 21, 2005, the
whether or not planed, sanded or contain the following wooden
Department of Commerce (the
finger–jointed, of a thickness pieces - two side rails, two end (or
Department) published a notice of
exceeding six millimeters; top) rails and varying numbers of
initiation of a changed circumstances
(2) coniferous wood siding (including slats. The side rails and the end
review of the antidumping duty order
strips and friezes for parquet rails should be radius–cut at both
on certain softwood lumber products
flooring, not assembled) ends. The kits should be
from Canada. See Initiation of
continuously shaped (tongued, individually packaged, they should
Antidumping Duty Changed
grooved, rabbeted, chamfered, v– contain the exact number of
Circumstances Review: Certain
jointed, beaded, molded, rounded wooden components needed to
Softwood Products from Canada, 70 FR
or the like) along any of its edges or make a particular box spring frame,
35632, dated June 21, 2005 (Initiation
faces, whether or not planed, with no further processing required.
Notice). The Department initiated this
sanded or finger–jointed; None of the components exceeds 1’’
review to determine the appropriate
(3) other coniferous wood (including in actual thickness or 83’’ in length.
cash deposit rate for West Fraser Mills
Limited (West Fraser), which acquired
strips and friezes for parquet • Radius–cut box–spring-frame
flooring, not assembled) components, not exceeding 1’’ in
Weldwood of Canada Limited
continuously shaped (tongued, actual thickness or 83’’ in length,
(Weldwood) on December 31, 2004. We
grooved, rabbeted, chamfered, v– ready for assembly without further
preliminarily determine that the post–
jointed, beaded, molded, rounded processing. The radius cuts must be
acquisition West Fraser is the
or the like) along any of its edges or present on both ends of the boards
successor–in-interest to the pre–
faces (other than wood moldings and must be substantial cuts so as
acquisition West Fraser. Therefore, we
and wood dowel rods) whether or to completely round one corner.
preliminarily conclude that the post–
not planed, sanded or finger– • Fence pickets requiring no further
acquisition West Fraser should be
jointed; and processing and properly classified
assigned the same cash deposit rate as
(4) coniferous wood flooring under HTSUS 4421.90.70, 1’’ or less
West Fraser prior to the acquisition.
(including strips and friezes for in actual thickness, up to 8’’ wide,
Interested parties are invited to
parquet flooring, not assembled) 6’ or less in length, and have finials
comment on these preliminary results.
continuously shaped (tongued, or decorative cuttings that clearly
SUPPLEMENTARY INFORMATION: grooved, rabbeted, chamfered, v– identify them as fence pickets. In
Background jointed, beaded, molded, rounded the case of dog–eared fence pickets,
or the like) along any of its edges or the corners of the boards should be
On April 29, 2005, the Coalition for faces, whether or not planed,
Fair Lumber Imports Executive cut off so as to remove pieces of
sanded or finger–jointed. wood in the shape of isosceles right
Committee (the Coalition), a domestic Although the HTSUS subheadings are
interested party to this proceeding, angle triangles with sides
provided for convenience and customs
submitted a request that the Department measuring 3/4 inch or more.
purposes, the written description of the
initiate a changed circumstances review merchandise under review is • U.S. origin lumber shipped to
of the antidumping duty order on dispositive. Canada for minor processing and
certain softwood lumber products from Softwood lumber products excluded imported into the United States, is
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Canada pursuant to Section 751(b) of from the scope: excluded from the scope of this
the Tariff Act of 1930, as amended (the • trusses and truss kits, properly order if the following conditions are
Act). On June 21, 2005, the Department classified under HTSUS 4418.90 met: 1) the processing occurring in
published the Initiation Notice in the • I–joist beams Canada is limited to kiln–drying,
Federal Register. Also on June 21, 2005, • assembled box spring frames planing to create smooth–to-size
the Department issued West Fraser a • pallets and pallet kits, properly board, and sanding, and 2) if the

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2190 Federal Register / Vol. 71, No. 9 / Friday, January 13, 2006 / Notices

importer establishes to U.S. the specified conditions are met. Although no single factor or
Customs and Border Protections’s Lumber products that CBP may classify combination of factors will necessarily
(CBP’s) satisfaction that the lumber as stringers, radius cut box–spring-frame be dispositive, the Department generally
is of U.S. origin. components, and fence pickets, not will consider the new company to be
• Softwood lumber products conforming to the above requirements, the successor to the predecessor
contained in single family home as well as truss components, pallet company if the resulting operations are
packages or kits,1 regardless of tariff components, and door and window essentially the same as those of the
classification, are excluded from the frame parts, are covered under the scope predecessor company. See, e.g., Canada
scope of the orders if the following of this order and may be classified Brass, 57 FR 5128; see also Industrial
criteria are met: under HTSUS subheadings Phosphoric Acid, 59 FR 6944–945.
(A) The imported home package or kit 4418.90.40.90, 4421.90.70.40, and Thus, if the record evidence
constitutes a full package of the 4421.90.98.40. Due to changes in the demonstrates that, with respect to the
number of wooden pieces specified 2002 HTSUS whereby subheading production and sale of the subject
in the plan, design or blueprint 4418.90.40.90 and 4421.90.98.40 were merchandise, the new company
necessary to produce a home of at changed to 4418.90.45.90 and operates as the same business entity as
least 700 square feet produced to a 4421.90.97.40, respectively, we are the predecessor company, the
specified plan, design or blueprint; adding these subheadings as well. Department may assign the new
(B) The package or kit must contain In addition, this scope language has company the cash deposit rate of its
all necessary internal and external been further clarified to now specify
doors and windows, nails, screws, predecessor. See, e.g., Fresh and Chilled
that all softwood lumber products Atlantic Salmon from Norway: Final
glue, subfloor, sheathing, beams, entered from Canada claiming non–
posts, connectors and if included in Results of Changed Circumstances
subject status based on U.S. country of Antidumping Duty Administrative
purchase contract decking, trim, origin will be treated as non–subject
drywall and roof shingles specified Review, 64 FR 9979–980 (March 1,
U.S.-origin merchandise under the
in the plan, design or blueprint; 1999).
antidumping and countervailing duty
(C) Prior to importation, the package orders, provided that these softwood In its July 19, 2005, questionnaire
or kit must be sold to a retailer of lumber products meet the following response,3 West Fraser stated that it
complete home packages or kits condition: upon entry, the importer, purchased the sole Weldwood share
pursuant to a valid purchase exporter, Canadian processor and/or from International Paper Company (IP)
contract referencing the particular original U.S. producer establish to CBP’s on December 31, 2004. The acquisition
home design plan or blueprint, and satisfaction that the softwood lumber agreement and related amendments
signed by a customer not affiliated entered and documented as U.S.-origin located at Exhibits 3 and 4 of the CCR
with the importer; softwood lumber was first produced in Response indicate that IP transferred its
(D) The whole package must be the United States as a lumber product sole outstanding share in Weldwood to
imported under a single satisfying the physical parameters of the West Fraser on the closing date of
consolidated entry when permitted softwood lumber scope.2 The December 31, 2004. The certificate of
by CBP, whether or not on a single presumption of non–subject status can, amalgamation located at Exhibit 5 of the
or multiple trucks, rail cars or other however, be rebutted by evidence CCR Response indicates that West
vehicles, which shall be on the demonstrating that the merchandise was Fraser and Weldwood were
same day except when the home is substantially transformed in Canada. amalgamated as one company as of
over 2,000 square feet; January 1, 2005.
(E) The following documentation Preliminary Results of the Review
must be included with the entry As shown in Exhibit 7 of the CCR
In an antidumping duty changed
documents: Response, West Fraser’s board of
circumstances review involving a
• a copy of the appropriate home successor–in-interest determination, the
directors did not change as a result of
design, plan, or blueprint matching Department typically examines several the acquisition. Weldwood had a
the entry; factors including, but not limited to, single–member board that ceased to
• a purchase contract from a retailer exist as of January 1, 2005. The board
changes in: (1) management; (2)
of home kits or packages signed by member accepted a position with IP. In
production facilities; (3) supplier
a customer not affiliated with the addition, as detailed in Exhibit 8 of the
relationships; and (4) customer base.
importer; CCR Response, the acquisition of
See Brass Sheet and Strip from Canada;
• a listing of inventory of all parts of Weldwood resulted in minimal changes
Preliminary Results of Antidumping
the package or kit being entered that to the composition of West Fraser’s top
Duty Administrative Review, 57 FR 5128
conforms to the home design management. Weldwood’s vice–
(February 12, 1992) (Canada Brass). The
package being entered; president of sales became West Fraser’s
• in the case of multiple shipments on Department has discretion in
determining successorship because vice–president for export lumber sales
the same contract, all items listed and market development (i.e., sales
immediately above which are there is no explicit legal standard for
determining whether one company is a outside of North America). Two of
included in the present shipment Weldwood’s remaining eight
shall be identified as well. successor to another under the Act or
under the Department’s regulations. See management officers accepted non–
We have determined that the officer positions in operations for West
excluded products listed above are Industrial Phosphoric Acid from Israel:
Final Results of Changed Circumstances Fraser. Weldwood’s other five officers
outside the scope of this order provided did not accept positions with West
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Review, 59 FR 6944–945 (February 14,


1 To ensure administrability, we clarified the 1994) (Industrial Phosphoric Acid). Fraser. The original 11 management
language of this exclusion to require an importer
3 See Letter from West Fraser to the Department,
certification and to permit single or multiple entries 2 See the scope clarification message (3034202),

on multiple days as well as instructing importers dated February 3, 2003, to CBP, regarding treatment Re: Changed Circumstances Questionnaire - West
to retain and make available for inspection specific of U.S.-origin lumber on file in the Central Records Fraser’s Questionnaire Response, dated July 19,
documentation in support of each entry. Unit, Room B-099 of the main Commerce Building. 2005 (CCR Response).

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Federal Register / Vol. 71, No. 9 / Friday, January 13, 2006 / Notices 2191

officers of West Fraser all continued as agreement with the Canadian either left the company or have
officers following the acquisition. Commissioner of Competition to sell its announced plans to leave by the end of
West Fraser’s customer base also did interest in two mills that it owned 2005. Also, West Fraser will continue to
not change significantly following the jointly with Weldwood. It states that the use Lumbertrak, its product
acquisition. At Exhibit 12 of the CCR sale of the mills will decrease its management software, for all sales
Response, West Fraser provided a list of capacity by approximately 343 MBF. operations. Finally, West Fraser has
all of its U.S. and Canadian customers Therefore, West Fraser calculates that its maintained three Weldwood sales
during the first five months of 2005 and net increase in softwood lumber personnel in Japan, but it has
the sales volume to these customers. production capacity as a result of the consolidated all export sales operations
The list also identifies whether these acquisition is 36 percent, which (i.e., sales outside of the United States
customers were customers of Weldwood includes the effect of the Quesnel and Canada) at its export sales office in
or West Fraser prior to the acquisition. reconstruction and the sale of the Vancouver, which West Fraser operated
The list shows a strong similarity jointly–owned mills. prior to the acquisition.
between the customer base of In addition to the four CCR criteria Based on our review of West Fraser’s
Weldwood and the customer base of specified in Canada Brass, the questionnaire response, we
West Fraser prior to the acquisition. A questionnaire to West Fraser requested preliminarily determine that the post–
high percentage of the post–acquisition details on other aspects of the acquisition West Fraser is the
West Fraser’s sales volume was to company’s operations. First, the CCR successor–in-interest to the pre–
customers that were customers of West Response indicates that West Fraser’s acquisition West Fraser. In its analysis
Fraser prior to the acquisition. product line did not change of changes to the respondent’s
Furthermore, West Fraser states that a significantly as a result of the management in Industrial Phosphoric
number of its customers in 2005 that acquisition. In Exhibit 10 of the CCR Acid, the Department stated, ‘‘The
purchased only from Weldwood in 2004 Response, West Fraser listed the total changes in (the respondent’s) personnel
had purchased from West Fraser in prior volume of U.S. and Canadian sales by are well within the normal range of
years. species and grade for Weldwood, for personnel changes that one would
West Fraser’s supplier base also did West Fraser prior to the acquisition, and expect over time within the same
not change significantly after the for West Fraser during the first five operation.’’4 We find that the overall
acquisition. On page 9 of the CCR months following the acquisition. The changes to West Fraser’s operations are
Response, West Fraser states that all of sales information shows that well within the range of changes that
Weldwood’s largest suppliers also approximately 2.5 percent of West one would expect over time in the same
supplied West Fraser prior to the Fraser’s combined U.S. and Canadian operation.
acquisition. West Fraser provides sales volume during the first five
The most significant change to West
examples of these suppliers, including months of 2005 was of a grade and
Fraser’s operations is the increase in its
the provinces of Alberta and British species combination that West Fraser
production capacity. In analyzing
Columbia (stumpage), Canadian did not sell in 2004. Although
National railway, and major energy whether West Fraser’s operations have
Weldwood sold some products that
suppliers. West Fraser acknowledges changed significantly as a result of the
West Fraser did not sell prior to the
that many local suppliers to Weldwood acquisition, however, the Department
acquisition, the sales volumes for these
mills have continued to supply the same must consider West Fraser’s operations
products were much lower than for the
mills after the acquisition. as a whole. We find that the capacity
products sold by both companies prior
Of the four specific changed increase is outweighed by the absence of
to the acquisition. In addition, West
circumstances review analysis criteria significant changes to West Fraser’s
Fraser’s top 10–selling products in the
listed in Canada Brass, the criterion that United States and Canada during the board of directors, top management,
changed most significantly for West first five months of 2005 were sold by suppliers, customer base, product line,
Fraser was its production capacity. Prior both companies prior to the acquisition. corporate structure, brand
to the acquisition, West Fraser’s A review of the other top–selling identification, sales process, and sales
production capacity for softwood products for Weldwood and for West operations. Therefore, we preliminarily
lumber was 2,530 million board feet Fraser prior to the acquisition shows a determine that the post–acquisition
(MBF). This figure includes West close similarity. West Fraser should be assigned the
Fraser’s proportionate share of Furthermore, other information in the same cash deposit rate of West Fraser
production at four mills that it owned CCR Response indicates that West prior to the acquisition.
jointly with Weldwood and other Fraser’s operations did not change If the above preliminary results are
parties. Weldwood’s production significantly as a result of the affirmed in the Department’s final
capacity at the time of the acquisition acquisition. First, Weldwood no longer results, the cash deposit rate from this
was 1,297 MBF, which also includes exists as a corporate entity. West Fraser changed circumstances review will
Weldwood’s proportionate share of does not sell products under the apply to all entries of the subject
production at three jointly–owned mills. Weldwood brand. Furthermore, West merchandise entered, or withdrawn
As a result of adding Weldwood’s Fraser is expanding its headquarters in from warehouse, for consumption on or
capacity, West Fraser increased its Quesnel, British Columbia, and will after the date of publication of the final
production capacity by 48.7 percent close Weldwood’s Vancouver results of this changed circumstances
immediately following the acquisition. headquarters upon completion of the review. See Granular
West Fraser adds, however, that it will expansion. West Fraser explains that its Polytetrafluoroethylene Resin from Italy;
finish reconstructing and expanding its sales personnel now manage all sales Final Results of Antidumping Duty
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mill in Quesnel, British Columbia, in activity at Weldwood’s former Changed Circumstances Review, 68 FR
2006. It claims that the 119 MBF Vancouver office. As a result of the 25327 (May 12, 2003). This deposit rate
expansion was planned before the headquarters closure, only one of shall remain in effect until publication
acquisition of Weldwood and does not Weldwood’s North American sales of the final results of the third
relate to the acquisition. Furthermore, employees has accepted a position with
West Fraser states that it has an West Fraser in Quesnel. The others have 4 See Industrial Phosphoric Acid at 6944.

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2192 Federal Register / Vol. 71, No. 9 / Friday, January 13, 2006 / Notices

antidumping duty administrative philosophy regarding the protection and ACTION: Notice.
review. management of marine resources; and
possibly the length of residence in the In compliance with Section
Public Comment 3506(c)(2)(A) of the Paperwork
area affected by the Sanctuary.
Any interested party may request a Applicants who are chosen as members Reduction Act of 1995, the Marine
hearing within 30 days of publication of should expect to serve 2 or 3 year terms, Corps Marathon Office, Marine Corps
this notice. See 19 CFR 351.310(c). Any pursuant to the Council’s Charter. Base Quantico announces the proposed
hearing, if requested, will be held 44 public information collection and seeks
DATES: Applications are due by March
days after the date of publication of this public comment on the provisions
31, 2006. thereof. Comments are invited on: (a)
notice, or the first working day
ADDRESSES: Application kits may be Whether the proposed collection of
thereafter. Interested parties may submit
obtained from Fiona Wilmot, Florida information is necessary for the proper
case briefs not later than 30 days after
Keys National Marine Sanctuary, P.O. performance of the functions of the
the date of publication of this notice.
Box 500368, Marathon, FL 33050, or agency, including whether the
See 19 CFR 351.309(c)(ii). Rebuttal
electronically from information shall have practical utility;
briefs, which must be limited to issues
Fiona.Wilmot@noaa.gov. They may also (b) the accuracy of the agency’s estimate
raised in such briefs, must be filed not
be downloaded from the Web site of the burden of the proposed
later than 37 days after the date of
www.fknms.noaa.gov. Completed information collection; (c) ways to
publication of this notice. See 19 CFR
applications should be returned to the enhance the quality, utility, and clarity
351.309(d). Parties who submit
same address. of the information to be collected; and
arguments are requested to submit with
the argument (1) a statement of the FOR FURTHER INFORMATION CONTACT: (d) ways to minimize the burden of the
issue, (2) a brief summary of the Fiona Wilmot at the above address or by information collection on respondents,
argument, and (3) a table of authorities. telephone at (305) 743–2437, extension including through the use of automated
In accordance with 19 CFR 351.216(e), 27. collection techniques or other forms of
we will issue the final results of this SUPPLEMENTARY INFORMATION: The information technology.
changed circumstances review no later FKNMS Advisory Council was DATES: Consideration will be given to all
than March 10, 2006. established in 1991, and is the oldest of comments received by March 14, 2006.
This notice is in accordance with the 13 councils in the NMSP. It has 20 ADDRESSES: You may submit comments,
sections 751(b) and 777(i)(1) of the Act members covering a wide spectrum of identified by docket number and or RIN
and section 351.221(c)(3)(i) of the interests in the Florida Keys number and title, by any of the
Department’s regulations. community, including boating, following methods:
conservation, diving, education, • Federal eRulemaking Portal: http://
Dated: January 9, 2006.
Everglades restoration, fishing www.regulations.gov.
David M. Spooner, • Mail: Federal Docket Management
(commercial and recreational),
Assistant Secretaryfor Import Administration. System Office, 1160 Defense Pentagon,
government, maritime heritage,
[FR Doc. E6–332 Filed 1–12–06; 8:45 am] research, tourism and the community- Washington, DC 20301–1160.
BILLING CODE 3510–DS–S at-large. The Council meets bimonthly Instructions: All submissions received
and also has a number of working must include the agency name and
groups focusing on specific issues at any docket number or Regulatory
DEPARTMENT OF COMMERCE given time. Ad hoc committees are Information Number (RIN) for this
formed to deal with one-time issues. Federal Register document. The general
National Oceanic and Atmospheric policy for comments and other
Administration The Council deals with emergent issues,
acts as a conduit to the community with submissions from members of the public
the Sanctuary, and advises Federal and is to make these submissions available
Availability of Seats for the Florida for public viewing on the Internet at
Keys National Marine Sanctuary State sanctuary managers on a
consensus basis. http://regulations.gov as they are
Advisory Council received without change, including any
Authority: 16 U.S.C. Sections 1431, et seq. personal identifiers or contact
AGENCY: National Marine Sanctuary
Program (NMSP), National Ocean (Federal Domestic Assistance Catalog information.
Number 11.429 Marine Sanctuary Program)
Service (NOS), National Oceanic and FOR FURTHER INFORMATION CONTACT: To
Atmospheric Administration, Dated: January 9, 2006. request more information on this
Department of Commerce (DOC). Daniel J. Basta, proposed information collection or to
ACTION: Notice and request for Director, Office of National Marine obtain a copy of the proposal and
applications. Sanctuaries, National Oceanic and associated collection instruments,
Atmospheric Administration. please write to Marine Corps Marathon
SUMMARY: The Florida Keys National [FR Doc. 06–338 Filed 1–12–06; 8:45 am] office, Attn: Angela Huff, PO Box 188,
Marine Sanctuary (FKNMS or BILLING CODE 3510–NK–M Quantico, VA 22134, or call the Marine
Sanctuary) is seeking applicants for the Corps Marathon office at 703–432–1159.
following vacant seats on its Sanctuary E-mail is marine.marathon@usmc.mil.
Advisory Council (Council): Citizen-at- DEPARTMENT OF DEFENSE Title and OMB Number: Marine Corps
Large, Middle Keys; Maritime Heritage; Marathon Race Applications: OMB
Research & Monitoring Alternate; Office of the Secretary Number 0703–TBD.
Marine Life Alternate; Education Needs and Uses: The information
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Alternate and South Florida Ecosystem [No. DoD–2006–OS–0004]


collection requirement is necessary to
Restoration Alternate. Applicants are Proposed Collection; Comment obtain and record the information of
chosen based upon their particular Request runners to conduct the races, for timing
expertise and experience in relation to purposes and for statistical use.
the seat for which they are applying; AGENCY: Marine Corps Marathon Office, Affected Public: Individuals or
community and professional affiliations; Marine Corps Base Quantico, DoD. households.

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