MESSAGE NO: 2105111
DATE: 04 14 1992
CATEGORY: CVD
TYPE: PRE
REFERENCE: 2073111
REFERENCE DATE: 03 13 1992
CASES:
C - 122 - 816
-
-
-
-
-
-
-
-
-
-
PERIOD COVERED:
03 13 1992
TO
LIQ SUSPENSION DATE:
TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS
FROM: DIRECTOR, SPECIAL ENFORCEMENT
RE: SUPPLEMENTAL INSTRUCTIONS FOR CERTAIN SOFTWOOD LUMBER
PRODUCTS FROM CANADA
1.
ON
MARCH
13,
1992, INSTRUCTIONS WERE
FORWARDED
SUSPENDING LIQUIDATION AND REQUIRING IMPORTERS TO POST A CASH
DEPOSIT OR BOND
EQUAL
TO
14.48 PERCENT
ON
ALL
ENTIRES
OF
CERTAIN SOFTWOOD LUMBER PRODUCTS FROM CANADA, WHICH
WERE
ENTERED, OR WITHRAWN FROM WAREHOUSE, FOR CONSUMPTION, ON
OR
AFTER MARCH 12, 1992. (EMAIL 2073111).
2.
WITH
RESPECT
TO
OUR INSTRUCTIONS
ON
APPLYING
THE
14.48 PERCENT
RATE,
THOSE
INSTRUCTIONS
SHOULD
BE
APPLIED
AS FOLLOWS:
A)
IF A CANADIAN MILL SELLS DIRECT TO A U.S. CUSTOMER, FIELD
OFFICES SHOULD BASE THE DEPOSIT OR
BOND
ON
THAT MILL'S
F.O.B. MILL PRICE;
B)
IF
A CANADIAN MILL SELLS TO
A
U.S. CUSTOMER, BUT
THAT
MILL'S PRODUCT
IS
FURTHER PROCESSED AT
A
SECOND
MILL
PRIOR
TO SHIPMENT TO
THE
UNITED STATES, FIELD
OFFICES
SHOULD BASE
THE DEPOSIT OR
BOND
ON
THE
FIRST
MILL'S
F.O.B. MILL PRICE AND REQUIRE THE SECOND MILL TO FILE THE
APPROPRIATE DOCUMENTATION; OR
C)
IF
A CANADIAN MILL SELLS TO
A
U.S. CUSTOMER, BUT
THAT
MILL'S PRODUCT IS THEN SENT TO
A RE-LOAD OR DISTRIBUTION
CENTER,
OR
TO
A WHOLESALER, PRIOR
TO SHIPMENT TO
THE
UNITED STATES, FIELD OFFICES SHOULD BASE
THE DEPOSIT
OR
BOND
ON
THE FIRST MILL'S F.O.B. MILL PRICE
AND REQUIRE
THE RE-LOAD OR DISTRIBUTION CENTER, OR THE WHOLESALER, TO
FILE THE APPROPRIATE DOCUMENTATION.
D)
IN
ABOVE
CASES
(B)
AND
(C),
IF
THE
APPROPRIATE
DOCUMENTATION ESTABLISHING THE
F.O.B. MILL
PRICE CANNOT
BE PROVIDED, THEN
FIELD OFFICES SHOULD BASE
THE DEPOSIT
OR
BOND
ON
THE
RE-LOAD
OR
DISTRIBUTION CENTER'S
OR
WHOLESALER'S OR SECOND MILL'S SELLING PRICE.
ANY APPRAISEMENT AT
THE
FOB MILL PRICE SHOULD BE CONSISTENT
WITH 19
CFR 152.103 (a)(5) (FOREIGN INLAND FREIGHT AND OTHER
INLAND
CHARGES
INCIDENT
TO
THE INTERNATIONAL SHIPMENT
OF
MERCHANDISE).
3.
PLEASE NOTE, THESE AMENDED INSTRUCTIONS ONLY APPLY TO
ENTRIES OF
CERTAIN SOFTWOOD LUMBER PRODUCTS
FROM
CANADA
THAT
ARE ENTERED, OR WITHDRAWN, FOR CONSUMPTION ON
OR AFTER MARCH 12,
1992.
4.
AS NOTED PREVIOUSLY, THE FOLLOWING COMPANIES 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.
5.
ALSO, AS NOTED PREVIOUSLY, 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.
6.
IF
THERE ARE
ANY QUESTIONS REGARDING THIS MATTER BY
CUSTOMS OFFICERS, 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, (202) 377-2786.
7. THERE ARE NO RESTRICTIONS ON RELEASE OF THE ABOVE INFORMATION.
NANCY MCTIERNAN
NOTE: THIS MESSAGE WAS INADVERTENTLY NOT POSTED TO ADIL BECAUSE
THE PERIOD COVERED IN THE HEADER WAS NOT CORRECTLY COMPLETED SO
HAS BEEN POSTED TO ADIL ON DECEMBER 2, 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. THIS MESSAGE WITH THE CORRECTED HEADER HAS BEEN
POSTED TO THE ADD/CVD SEARCH APPLICATION ON CBP.GOV.