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OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON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.