MESSAGE NO: 2105111 DATE: 04 14 1992
CATEGORY: CVD TYPE: PRE
REFERENCE: 2073111 REFERENCE DATE: 03 13 1992
CASES: C - 122 - 816 - -
- - - -
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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ARE ENTERED, OR WITHDRAWN, FOR CONSUMPTION ON OR AFTER MARCH 12,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.