MESSAGE NO: 2073111 DATE: 03 13 1992
CATEGORY: CVD TYPE: PRE
REFERENCE: REFERENCE DATE:
CASES: C - 122 - 816 - -
- - - -
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PERIOD COVERED: 03 12 1992 TO

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: PRELIMINARY DETERMINATION OF CVD INVESTIGATION ON
CERTAIN SOFTWOOD LUMBER PRODUCTS FROM CANADA-SAMPLE OF
SPECIAL COUNTERVAILING DUTY BOND ATTACHED

1. THE DEPARTMENT OF COMMERCE PUBLISHED IN THE FEDERAL
REGISTER ON MARCH 12, 1992, NOTICE OF ITS PRELIMINARY
DETERMINATION THAT CERTAIN BENEFITS WHICH CONSTITUTE SUBSIDIES
WITHIN THE MEANING OF THE COUNTERVAILING DUTY LAW ARE BEING
PROVIDED TO THE PRODUCERS, MANUFACTURERS, OR EXPORTERS OF
CERTAIN SOFTWOOD LUMBER PRODUCTS FROM CANADA.

2. THE PRODUCTS COVERED BY THIS INVESTIGATION ARE:
1) CONIFEROUS WOOD, SAWN OR CHIPPED LENGTHWISE, SLICED OR
PEELED, WHETHER OR NOT PLANED, SANDED OR FINGER-JOINTED, OF A
THICKNESS EXCEEDING SIX MILLIMETERS; 2) CONIFEROUS WOOD SIDING
(INCLUDING STRIPS AND FRIEZES FOR PARQUET FLOORING, NOT
ASSEMBLED) CONTINUOUSLY SHAPED (TONGUED, GROOVED, RABBITTED,
CHAMFERED, V-JOINTED, BEADED, MOLDED, ROUNDED OR THE LIKE) ALONG
ANY OF ITS EDGES OR FACES, WHETHER OR NOT PLANED, SANDED OR
FINGER-JOINTED;

3) OTHER CONIFEROUS WOOD (INCLUDING STRIPS AND FRIEZES
FOR PARQUET FLOORING, NOT ASSEMBLED) CONTINUOUSLY SHAPED
(TONGUED, GROOVED, RABBITTED, CHAMFERED, V-JOINTED, BEADED,
MOLDED, ROUNDED OR THE LIKE) ALONG ANY OF ITS EDGES OR FACES,
WHETHER OR NOT PLANED, SANDED OR FINGER-JOINTED; 4) CONIFEROUS
WOOD FLOORING (INCLUDING STRIPS AND FRIEZES FOR PARQUET
FLOORING, NOT ASSEMBLED) CONTINUOUSLY SHAPED (TONGUED,
GROOVED, RABBITTED, CHAMFERED, V-JOINTED, BEADED, MOLDED, ROUNDED
OR THE LIKE) ALONG ANY OF ITS EDGES OR FACES, WHETHER OR
NOT PLANED, SANDED, OR FINGER-JOINTED. SUCH PRODUCTS ARE
CURRENTLY PROVIDED FOR UNDER SUBHEADINGS 4407.1000, 4409.1010,

4409.1090, 4409.1020, RESPECTIVELY, OF THE HARMONIZED TARIFF
SCHEDULE (HTS). ALTHOUGH THE HTS SUBHEADINGS ARE PROVIDED FOR
CONVENIENCE AND CUSTOMS PURPOSES, OUR WRITTEN DESCRIPTION OF THE
SCOPE OF THIS PROCEEDING REMAINS DISPOSITIVE.

3. FIELD OFFICES SHOULD SUSPEND LIQUIDATION OF ALL ENTRIES
OF CERTAIN SOFTWOOD LUMBER PRODUCTS FROM CANADA THAT ARE ENTERED,
OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER MARCH
12, 1992. A CASH DEPOSIT OR BOND IS REQUIRED ON ENTRIES OF
THESE PRODUCTS IN AN AMOUNT EQUAL TO 14.48 PERCENT AD VALOREM
FOR ALL COMPANIES EXCEPT THE FOLLOWING COMPANIES WHICH ARE
PRELIMINARILY EXCLUDED FROM THE SUSPENSION OF LIQUIDATION AND
ALL CASH DEPOSIT AND BONDING REQUIREMENTS:

1. J.A. FONTAINE ET FILS, INC.
2. J.D. IRVING
3. MARCEL LAUZON, INC.
4. LES PRODUITS FORESTIERS D&G, LIMITED
5. FRANCOIS GIGUERE, INC.
6. REAL GRONDIN, INC.

4. THIS SUSPENSION OF LIQUIDATION AND REQUIREMENT OF
CASH DEPOSITS OR BONDS DO NOT APPLY TO LUMBER PRODUCED IN THE
MARITIME PROVINCES (PRINCE EDWARD ISLAND, NOVA SCOTIA, NEW
BRUNSWICK AND NEWFOUNDLAND) UNLESS THAT LUMBER IS PRODUCED FROM
CROWN TIMBER HARVESTED IN ANY CANADIAN PROVINCE OTHER THAN
THE MARITIME PROVINCES.

5. IN DETERMINING THE ENTERED VALUE FOR BONDING PURPOSES,
ANY ADJUSTMENTS FOR FREIGHT CHARGES SHOULD BE BASED ON ACTUAL
FREIGHT CHARGES, NOT THEORETICAL FREIGHT CHARGES.

6. THE DEPARTMENT OF COMMERCE HAS NOTIFIED CUSTOMS THAT
SINGLE ENTRY BONDS WILL NOT BE REQUIRED. THE IMPORTER MAY USE
MODIFIED CONTINUOUS ENTRY BONDS IN CONNECTION WITH THE
IMPORTATION OF CERTAIN SOFTWOOD LUMBER PRODUCTS FROM CANADA.
DISTRICT DIRECTORS MAY PERMIT IMPORTERS TO USE A CONTINUOUS
BOND AT EACH DISTRICT THROUGH WHICH THE SUBJECT MERCHANDISE IS
ENTERED. THIS BOND MUST BE IN THE NAME OF THE IMPORTER OF
RECORD AND LIMITED TO A SPECIFIED PERIOD OF TIME, SUCH AS ONE
MONTH. IMPORT SPECIALISTS IN EACH DISTRICT MUST OFFSET FOR
EACH ENTRY THE COUNTERVAILING DUTY AGAINST THE BOND IN A MANUAL
MODE SINCE ACS WILL NOT TRACK ACTIVITY AGAINST THIS BOND.
ONCE THE AMOUNT OF THE BOND LIABILITY IS REACHED, A NEW BOND
MUST BE REQUIRED. ALSO, IT IS THE RESPONSIBILITY OF THE
BROKER/IMPORTER TO MONITOR HIS LIABILITY UNDER THE CVD BOND
AND PROVIDE NEW BONDS IN A TIMELY MANNER. SINGLE ENTRY BONDS
WILL STILL BE PERMITTED BUT MUST BE PRESENTED AT CARGO RELEASE
TIME (OR AT THE TIME OF FILING OF ENTRY SUMMARY UNDER
IMMEDIATE DELIVERY PROCEDURES). ATTACHED TO THIS EMAIL, YOU

WILL FIND A SAMPLE BOND FORM WHICH IS SUITABLE FOR USE ONLY
AS A MODIFIED CONTINUOUS ENTRY BOND FOR CVD OBLIGATIONS. THIS
DOCUMENT FOR CVD LIABILITY IS TO BE USED IN ADDITION TO THE
REGULAR ENTRY BOND. THE 30 DAY BOND FILING REQUIREMENT IS
WAIVED. CVD BONDS MAY BE FILED IMMEDIATELY.

7. EFFECTIVE MARCH 12, 1992, YOU ARE NO LONGER REQUIRED
TO COLLECT A SINGLE ENTRY BOND, ON ENTRIES OF THE
SUBJECT MERCHANDISE, UNDER THE 301 ACTION THAT BEGAN ON OCTOBER
4, 1991 (SEE EMAIL 2277071, DATED 10-4-91). ENTRIES OF THIS
MERCHANDISE MADE PRIOR TO MARCH 12, 1992, WHICH HAVE HAD
LIQUIDATION WITHHELD/EXTENDED AS A RESULT OF THE 301 ACTION,
SHALL CONTINUE TO HAVE LIQUIDATION WITHHELD/EXTENDED UNTIL FUTHER
NOTICE.

8. FOR FURTHER REPORTING PURPOSES, THIS COUNTERVAILING DUTY
CASE HAS BEEN ASSIGNED INVESTIGATION NUMBER C-122-816.

9. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY
CUSTOMSOFFICERS, THEY SHOULD CONTACT THE IMPORT SPECIALIST
DIVISION, OTHER AGENCY BRANCH (FTS 566-8651) OR SEND AN E-MAIL TO
ATTRIBUTE "HQ OAB." THE IMPORTING PUBLIC AND OTHER
INTERESTED PARTIES SHOULD CONTACT BERNARD CARREAU OR KELLY
PARKHILL OF THE OFFICE OF COUNTERVAILING COMPLIANCE, IMPORT
ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION, U.S.
DEPARTMENT OF COMMERCE, TELEPHONE: (202)377-2786.

10. THERE ARE NO RESTRICTIONS ON RELEASE OF THE ABOVE
INFORMATION.


NANCY MCTIERNAN


NOTE: THIS MESSAGE WAS INADVERTENTLY REMOVED FROM ADIL SO HAS
BEEN REPOSTED TO ADIL ON DECEMBER 1, 2009. THE ORIGINAL MESSAGE
WAS SENT TO REGIONAL DIRECTORS, COMMERCIAL OPERATIONS, DISTRICT
DIRECTORS, AREA AND PORT DIRECTORS, NOT DIRECTORS, FIELD
OPERATIONS AND PORT DIRECTORS. DIRECTOR, IMPORT SPECIALIST
DIVISION IS NOW SHOWN AS DIRECTOR, SPECIAL ENFORCEMENT. THE
BALANCE OF THE TEXT AND INFORMATION REMAINS UNCHANGED AND
MATCHES THE MESSAGE THAT STILL APPEARS ON THE ADD/CVD SEARCH
APPLICATION ON CBP.GOV.