MESSAGE NO: 4228117 DATE: 08 16 1994
CATEGORY: CVD TYPE: REV
REFERENCE: REFERENCE DATE:
CASES: C - 122 - 816 - -
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PERIOD COVERED: 08 16 1994 TO

LIQ SUSPENSION DATE:

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

FROM: DIRECTOR, TRADE COMPLIANCE DIVISION

RE: REVOCATION OF COUNTERVAILING DUTY ORDER & TERMINATION
TERMINATION OF SUSPENSION OF LIQ. ON SOFTWOOD LUMBER
PRODUCTS FROM CANADA (C-122-816)

1. ON TUESDAY, AUGUST 16, 1994, THE DEPARTMENT OF COMMERCE
PUBLISHED IN THE FEDERAL REGISTER A "NOTICE OF PANEL
DECISION, REVOCATION OF COUNTERVAILING DUTY ORDER AND
TERMINATION OF SUSPENSION OF LIQUIDATION" (59 FR 42030) ON
CERTAIN SOFTWOOD LUMBER PRODUCTS FROM CANADA (C-122-816).

2. ON FEBRUARY 23, 1994, THE BINATIONAL PANEL CONVENED UNDER THE
UNITED STATES-CANADA FREE TRADE AGREEMENT ISSUED A DECISION
AFFIRMING THE DEPARTMENT OF COMMERCE'S DETERMINATION ISSUED
PURSUANT TO REMAND THAT THE CANADIAN PROVINCIAL GOVERNMENTS
WERE NOT PROVIDING COUNTERVAILABLE SUBSIDIES TO PRODUCERS OR
EXPORTERS OF SOFTWOOD LUMBER. THE BINATIONAL PANEL'S
DECISION BECAME FINAL ON MARCH 17, 1994 (59 FR 12584). THE
UNITED STATES REQUESTED THAT AN EXTRAORDINARY CHALLENGE
COMMITTEE BE CONVENED TO REVIEW THE BINATIONAL PANEL'S
DECISION. ON AUGUST 3, 1994, THE ECC AFFIRMED THE BINATIONAL
PANEL'S FEBRUARY 23, 1994, ORDER AFFIRMING THE DEPARTMENT OF
COMMERCE'S REDETERMINATION. THEREFORE, WE ARE REVOKING THE
COUNTERVAILING DUTY ORDER ON CERTAIN SOFTWOOD LUMBER PRODUCTS
FROM CANADA, EFFECTIVE MARCH 17, 1994, AND ORDERING THE
TERMINATION OF SUSPENSION OF LIQUIDATION.

3. THE PRODUCTS COVERED BY THIS ORDER (C-122-816) ARE CERTAIN
SOFTWOOD LUMBER PRODUCTS FROM CANADA. THESE LUMBER PRODUCTS
INCLUDE: (1) CONIFEROUS WOOD, SAWN OR CHIPPED LENGTHWISE,
SLICED OR PEELED, WHETHER OR NOT PLANED, SANDED OR
FINGER-JOINTED, OF A THICKNESS EXCEEDING SIX MILLIMETERES;
(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, 4409.1020, 4409.1090, 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.

4. THEREFORE, ALL UNLIQUIDATED ENTRIES OF THIS MERCHANDISE
ENTERED ON OR AFTER MARCH 17, 1994 SHOULD NOW BE LIQUIDATED
WITHOUT REGARD TO COUNTERVAILING DUTIES. IN ADDITION, FUTURE
ENTRIES OF THIS MERCHANDISE SHOULD NO LONGER BE SUSPENDED
FROM LIQUIDATION. SEPARATE INSTRUCTIONS WILL BE ISSUED WITH
RESPECT TO SUSPENDED ENTRIES MADE PRIOR TO MARCH 17, 1994.

5. THE PROVISIONS OF SECTION 778 OF THE TARIFF ACT REQUIRE THAT
INTEREST BE PAID ON OVERPAYMENTS OR UNDERPAYMENTS OF AMOUNTS
DEPOSITED AS COUNTERVAILING DUTIES. SUCH INTEREST IS PAYABLE
AT THE RATE IN EFFECT UNDER SECTION 6621 OF THEE INTERNAL
REVENUE CODE OF 1954 FOR SUCH PERIOD. THE INTEREST SHALL BE
CALCULATED AT THAT RATE FROM THE DATE OF PAYMENT OF ESTIMATED
DUTIES THROUGH THE DATE OF LIQUIDATION.

6. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS
OFFICERS, PLEASE CONTACT VIA EMAIL, THROUGH THE REGIONAL
ANTIDUMPING/COUNTERVAILING DUTY COORDINATOR, THE TRADE
COMPLIANCE DIVISION, ANTIDUMPING/COUNTERVAILING DUTY BRANCH
USING ATTRIBUTE "HQ OAB". THE IMPORTING PUBLIC AND OTHER
INTERESTED PARTIES SHOULD CONTACT THE OFFICE OF
COUNTERVAILING COMPLIANCE, IMPORT ADMINISTRATION, DEPARTMENT
OF COMMERCE, (202) 482-2786.

7. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.



NANCY MCTIERNAN