- Effective Date: Aug 28, 2021
- Notice of Lifting of Suspension Date: Jan 18, 2024
- Cite as: 88 FR 85225
Cite date: Dec 07, 2023
Notice of the lifting of suspension occurred on the message date of these instructions. See paragraph 5 below.
1. On 11/20/2023, the CIT issued an order in the case of Committee Overseeing Action for Lumber International Trade Investigations or Negotiations v. United States, et. al. (Slip Op. 23-163, Consol. Ct. No. 19-00122).
The CIT ordered the discontinuation of suspension of liquidation and collection of cash deposits for all shipments of softwood lumber produced and exported by the producer/exporter combinations identified below, entered, or withdrawn from warehouse, for consumption on or after 08/28/2021, and to liquidate all suspended entries of shipments of softwood lumber produced and exported by the producer/exporter combinations.
2.
As a result of the CIT's decision, CBP should discontinue the suspension of liquidation for all shipments of softwood lumber produced and exported by the producer/exporter combinations identified below, and entered, or withdrawn from warehouse, for consumption on or after 08/28/2021, and liquidate such entries without regard to countervailing duties (i.e., refund all cash deposits).
Producer:
Les Produits Forestiers D&G Ltee; D&G Forest Products Ltd.; Le Groupe Gesco-Star Ltee; Les Produits Forestiers Portbec Ltee; Les Produits Forestiers Startrees Ltee
Exporter:
Les Produits Forestiers D&G Ltee; D&G Forest Products Ltd.; Le Groupe Gesco-Star Ltee; Les Produits Forestiers Portbec Ltee; Les Produits Forestiers Startrees Ltee
Case Number:
C-122-858-009.
Entries may have also been made under C-122-858-255, C-122-858-311, or C-122-858-000.
Producer:
Marcel Lauzon Inc.; Placements Marcel Lauzon Ltee; Investissements LRC Inc.
Exporter:
Marcel Lauzon Inc.; Placements Marcel Lauzon Ltee; Investissements LRC Inc.
Case Number:
C-122-858-010.
Entries may have also been made under C-122-858-256 or C-122-858-000.
Producer:
North American Forest Products Ltd.; Parent-Violette Gestion Ltee; Le Groupe Parent Ltee
Exporter:
North American Forest Products Ltd.; Parent-Violette Gestion Ltee; Le Groupe Parent Ltee
Case Number:
C-122-858-011.
Entries may have also been made under C-122-858-257 or C-122-858-000.
Note to CBP:
North American Forest Products Ltd. is located in Saint-Quentin, New Brunswick.
Producer:
Scierie Alexandre Lemay & Fils Inc.; Bois Lemay Inc.; Industrie Lemay Inc.
Exporter:
Scierie Alexandre Lemay & Fils Inc.; Bois Lemay Inc.; Industrie Lemay Inc.
Case Number:
C-122-858-013.
Entries may have also been made under C-122-858-259 or C-122-858-000.
3.
This notice of lifting of suspension of liquidation does not apply to entries of merchandise:
(i) produced by a producer identified in the producer/exporter combinations above, that is exported by any company other than the exporter identified in the producer/exporter combinations above;
(ii) exported by an exporter identified in the producer/exporter combinations above, that is produced by any company other than the producer identified in the producer/exporter combinations above; or
(iii) exported by a company that sourced from any of the producer/exporter combinations above.
Accordingly, unless instructed otherwise, suspension of liquidation should continue for shipments of subject merchandise not covered by paragraph 2 of this message.
See message 4018402, dated 01/18/2024.
4.
The CIT's order of reinstatement of exclusion from the countervailing duty order supersedes the suspension of liquidation related to the Binational Panel (USMCA Secretariat File No.: USA-CDA-2023-10.12-01) review of the final results of the fourth administrative review covering the period 1/01/2021 through 12/31/2021 and nullifies the continued suspension of liquidation instruction with respect to the companies identified in paragraph 2.
See Message 3258406, dated 09/15/2023.
Thus, there are no injunctions applicable to the entries covered by this instruction.
5.
These instructions constitute notice of the lifting of suspension of liquidation of entries of subject merchandise covered by paragraph 2.
Accordingly, notice of the lifting of suspension occurred on the message date of these instructions.
Unless instructed otherwise, for all other shipments of softwood lumber from Canada you shall continue to collect cash deposits of estimated countervailing duties for the merchandise at the current rates.
The all-others rate for softwood lumber from Canada is 14.19 percent.
6.
The assessment of countervailing duties by CBP on entries of this merchandise is subject to the provisions of Section 778 of the Tariff Act of 1930, as amended.
Section 778 requires that CBP pay interest on overpayments and assess interest on underpayments of the required amounts deposited as estimated countervailing duties.
The interest provisions are not applicable to cash posted as estimated countervailing duties before the date of publication of the countervailing duty order.
Interest shall be calculated from the date payment of estimated countervailing duties through the date of liquidation.
The rate at which such interest is payable is the rate in effect under Section 6621 of the Internal Revenue Code of 1954 for such period.
7.
This instruction to liquidate entries covered by this message does not limit CBP's independent authority, including its authority to suspend, continue to suspend, or extend liquidation of entries addressed by this message. Accordingly, CBP should examine all entries for which this message directs liquidation to determine whether any such entries are subject to suspension, continued suspension, or extension of liquidation pursuant to CBP's independent authority (e.g., Enforce and Protect Act under section 517 of the Tariff Act of 1930, as amended).
If entries of subject merchandise covered by this message are subject to suspension, continued suspension, or extension of liquidation pursuant to CBP's own authority, CBP port officials should follow CBP's internal procedures with respect to continuing any suspension, the lifting of suspension, and/or continuing any extension of liquidation for such entries.
8.
If there are any questions by the public regarding this message, please contact the Call Center for the Office of AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, at (202) 482-0984.
CBP ports should submit their inquiries through authorized CBP channels only.
(This message was generated by OIII:KJ.)
9.
There are no restrictions on release of this information.
Alexander Amdur