MESSAGE NO: 2153111 DATE: 06 01 1992
CATEGORY: CVD TYPE: FIN
REFERENCE: REFERENCE DATE:
CASES: C - 122 - 816 - -
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PERIOD COVERED: 05 28 1992 TO

LIQ SUSPENSION DATE: 03 12 1992

TO: REGIONAL DIRECTORS, COMMERCIAL OPERATIONS
DISTRICT DIRECTORS, AREA AND PORT DIRECTORS

FROM: DIRECTOR, IMPORT SPECIALIST DIVISION

RE: FINAL COUNTERVAILING DUTY DETERMINATION: SOFTWOOD LUMBER
FROM CANADA


1. THE DEPARTMENT OF COMMERCE PUBLISHED ITS FINAL AFFIRMATIVE
COUNTERVAILING DUTY DETERMINATION IN THE INVESTIGATION OF
SOFTWOOD LUMBER FROM CANADA ON MAY 28, 1992.

2. THE PRODUCTS COVERED BY THIS INVESTIGATION ARE:

A) CONIFEROUS WOOD, SAWN OR CHIPPED LENGTHWISE, SLICED OR
PEELED, WHETHER OR NOT PLANED, SANDED OR FINGER JOINTED, OF A
THICKNESS EXCEEDING SIX MILLIMETERS;

B) 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;

C) 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;

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

3. FIELD OFFICES SHOULD CONTINUE TO SUSPEND LIQUIDATION OF ALL
ENTRIES OF CERTAIN SOFTWOOD LUMBER PRODUCTS FROM CANADA THAT ARE
ENTERED, OR WITHRAWN FROM WAREHOUSE, FOR CONSUMPTION, ON OR AFTER
MARCH 12, 1992. EFFECTIVE MAY 28, 1992, A CASH DEPOSIT OR BOND
IS REQUIRED ON ENTRIES OF THESE PRODUCTS IN AN AMOUNT EQUAL TO
6.51 PERCENT AD VALOREM FOR ALL COMPANIES EXCEPT THE FOLLOWING
WHICH ARE EXCLUDED FROM THE AFFIRMATIVE DETERMINATION, THE
SUSPENSION OF LIQUIDATION AND ALL CASH DEPOSIT AND BONDING
REQUIREMENTS:

1. J.A. FONTAINE ET FILS, INC.
2. J.D. IRVING, LTD.
3. MARCEL LAUZON, INC.
4. LES PRODUITS FORESTIERS D&G, LTD.
5. FRANCOIS GIGUERE, INC.
6. REAL GRONDIN, INC.
7. BOIS DAQUAAM
8. RENE BERNARD, INC.
9. WILFRID PAQUET & FILS, LTEE.
10. GRONDIN INDUSTRIES
11. CARRIER & BEGIN, INC.
12. CLERMOND HAMMEL, LTEE.
13. PAUL VALLEE, INC.
14. SCIERIE TESSIER LACHANCE, INC.
15. SCIERIE LA PATRIE, INC.

LIQUIDATION IS NO LONGER SUSPENDED ON ANY ENTRIES FROM THESE 15
COMPANIES OF CERTAIN SOFTWOOD LUMBER PRODUCTS FROM CANADA AND ALL
CASH DEPOSITS SHOULD BE REFUNDED AND ENTRIES LIQUIDATED.

4. THE SUSPENSION OF LIQUIDATION AND DEPOSIT REQUIREMENT DOES
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. AFTER DISCUSSIONS WITH THE U.S. DEPARTMENT OF COMMERCE,
CUSTOMS HAS AGREED TO IMPLEMENT SPECIAL PROCEDURES TO ASSESS THE
6.51 PERCENT AD VALOREM RATE AGAINST THE FOB FIRST MILL VALUE.
THE FOLLOWING SPECIAL PROCEDURES ARE EFFECTIVE MAY 28, 1992
(ENTRY SUMMARY DATE FOR IMMEDIATE DELIVERY).

A) YOU SHOULD CONTINUE TO APPRAISE THE SUBJECT MERCHANDISE IN
ACCORDANCE WITH NORMAL VALUE PROCEDURES.

B) FOR THE PURPOSES OF CALCULATING THE CVD BOND OR CASH DEPOSIT
AMOUNT, THE IMPORTER MAY CLAIM THE FOB FIRST MILL VALUE IF THE
APPRAISED VALUE IS HIGHER THAN THE FOB FIRST MILL VALUE. IF
EVIDENCE EXISTS THAT INDICATES THE TRANSACTION BETWEEN THE TWO
CANADIAN FIRMS WAS NOT AT "ARMS LENGTH", YOU SHOULD NOT ACCEPT
THE FOB FIRST MILL PRICE. IF THERE IS A QUESTION AS TO WHETHER
THE TRANSACTION WAS AT ARMS LENGTH, REQUIRE OF THE IMPORTER A
STATEMENT ATTESTING THAT THE TRANSACTION WAS AT ARMS LENGTH.

C) THE FOB FIRST MILL VALUE MUST BE BASED ON APPROPRIATE
DOCUMENTATION, SUCH AS A COMMERCIAL INVOICE FROM THE FIRST MILL,
A PROFORMA INVOICE, AN EXPORT CERTIFICATE OR SHIPPERS DECLARATION
OR AFFIDAVIT. THE DOCUMENTATION MUST BE PRESENTED AT THE TIME OF
ENTRY SUMMARY. THE APPROPRIATE DOCUMENTS ARE NOT BONDABLE
DOCUMENTS, AND IN THE ABSENSE OF THE APPROPRIATE DOCUMENTS YOU
ARE TO ASSESS THE CVD RATE ON THE ENTERED VALUE.

D) IF CUSTOMS FIELD OFFICERS HAVE A QUESTION AS TO THE VALUE
DECLARED AS THE FIRST MILL VALUE, THEY SHOULD REFER THE MATTER
TO HQ OAB FOR TRANSMITTAL TO COMMERCE.

E) FOR NON-ABI ENTRIES, THE FOB FIRST MILL VALUE MUST BE ENTERED
IN THE "CVD SPEC DEP VALUE" FIELD ON THE ENBA SCREEN.

F) FOR ABI ENTRIES, ABI FILERS SHOULD REFER TO THE CATAIR PAGE
ENS-40-02 IN THE ENTRY SUMMARY CHAPTER, RECORD IDENTIFIER 40,
DATA ELEMENT "CVD SPECIFIC DEPOSIT VALUE".

6. PLEASE NOTE THAT THE SUSPENTION OF LIQUIDATION FOR
COUNTERVAILING DUTY PURPOSES ONLY APPLIES TO ENTRIES OF CERTAIN
SOFTWOOD LUMBER PRODUCTS FROM CANADA THAT ARE ENTERED, OR
WITHDRAWN, FOR CONSUMPTION ON OR AFTER MARCH 12, 1992.

THESE INSTRUCTIONS IN NO WAY HAVE ANY EFFECT ON THE ENTRIES THAT
WERE SUSPENDED PRIOR TO MARCH 12, 1992 UNDER THE SEPERATE 301
ACTION. THEY SHOULD CONTINUE TO BE SUSPENDED UNTIL FURTHER
NOTICE.

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

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




C.L. BRAINARD