• Effective Date: Jun 30, 2017
  • Period of Review: Oct 01, 2015 to Sep 30, 2016
  • Cite as: 82 FR 29833 • Cite date: Jun 30, 2017

1. This is a correction to message 7184309, dated 07/03/2017, to correct the Re line, paragraph 1, and paragraph 4 of that message.

2. The RE line, paragraph 1, and paragraph 4 of that message did not mention that Commerce preliminarily found critical circumstances exist for imports of subject merchandise shipped by the companies subject to the all-others rate. Below is the fully corrected message.

3. On 06/30/2017, Commerce published in the Federal Register (82 FR 29833) its affirmative preliminary determination of sales at less than fair value and critical circumstances in the antidumping duty investigation of certain softwood lumber products from Canada.

4. The merchandise covered by this investigation is softwood lumber, siding, flooring and certain other coniferous wood (softwood lumber products). The scope includes:

• Coniferous wood, sawn, or chipped lengthwise, sliced or peeled, whether or not planed, whether or not sanded, or whether or not finger-jointed, of an actual thickness exceeding six millimeters.
• Coniferous wood siding, flooring, and other coniferous wood (other than moldings and dowel rods), including strips and friezes for parquet flooring, that is continuously shaped (including, but not limited to, tongued, grooved, rebated, chamfered, V-jointed, beaded, molded, rounded) along any of its edges, ends, or faces, whether or not planed, whether or not sanded, or whether or not end-jointed.
• Coniferous drilled and notched lumber and angle cut lumber.
• Coniferous lumber stacked on edge and fastened together with nails, whether or not with plywood sheathing.
• Components or parts of semi-finished or unassembled finished products made from subject merchandise that would otherwise meet the definition of the scope above.

Softwood lumber product imports are generally entered under Chapter 44 of the Harmonized Tariff Schedule of the United States (HTSUS). {SEE FOOTNOTE 1} This chapter of the HTSUS covers “Wood and articles of wood.” Softwood lumber products that are subject to this investigation are currently classifiable under the following ten-digit HTSUS subheadings in Chapter 44:

4407.10.01.01; 4407.10.01.02; 4407.10.01.15; 4407.10.01.16; 4407.10.01.17; 4407.10.01.18; 4407.10.01.19; 4407.10.01.20; 4407.10.01.42; 4407.10.01.43; 4407.10.01.44; 4407.10.01.45; 4407.10.01.46; 4407.10.01.47; 4407.10.01.48; 4407.10.01.49; 4407.10.01.52; 4407.10.01.53; 4407.10.01.54; 4407.10.01.55; 4407.10.01.56; 4407.10.01.57; 4407.10.01.58; 4407.10.01.59; 4407.10.01.64; 4407.10.01.65; 4407.10.01.66; 4407.10.01.67; 4407.10.01.68; 4407.10.01.69; 4407.10.01.74; 4407.10.01.75; 4407.10.01.76; 4407.10.01.77; 4407.10.01.82; 4407.10.01.83; 4407.10.01.92; 4407.10.01.93; 4409.10.05.00; 4409.10.10.20; 4409.10.10.40; 4409.10.10.60; 4409.10.10.80; 4409.10.20.00; 4409.10.90.20; 4409.10.90.40; and 4418.99.10.00.

Subject merchandise as described above might be identified on entry documentation as stringers, square cut box-spring-frame components, fence pickets, truss components, pallet components, flooring, and door and window frame parts. Items so identified might be entered under the following ten-digit HTSUS subheadings in Chapter 44:

4415.20.40.00; 4415.20.80.00; 4418.99.90.05; 4418.99.90.20; 4418.99.90.40; 4418.99.90.95; 4421.91.70.40; and 4421.91.97.80.

Although these HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of these investigations is dispositive.

The scope of the order excludes the following items:

U.S.-origin lumber shipped to Canada for processing and imported into the United States is excluded from the scope of the investigations if the processing occurring in Canada is limited to one or more of the following: (1) kiln drying; (2) planing to create smooth-to-size board; or (3) sanding.

Box-spring frame kits are excluded if they contain the following wooden pieces – two side rails, two end (or top) rails and varying numbers of slats. The side rails and the end rails must be radius-cut at both ends. The kits must be individually packaged and must contain the exact number of wooden components needed to make a particular box spring frame, with no further processing required. None of the components exceeds 1” in actual thickness or 83” in length.

Radius-cut box-spring-frame components, not exceeding 1” in actual thickness or 83” in length, ready for assembly without further processing are excluded. The radius cuts must be present on both ends of the boards and must be substantially cut so as to completely round one corner.

FOOTNOTE 1: Throughout this document, all references to the HTSUS are based on the HTSUS as it exists at https://hts.usitc.gov/current.

5. This investigation has been assigned investigation number A-122-857.

6. Because Commerce determined that critical circumstances exist for imports of certain softwood lumber products from Canada from the producers and/or exporters listed below, CBP shall suspend liquidation of all appropriate entries of certain softwood lumber products from Canada that are entered, or withdrawn from warehouse, for consumption on or after 04/01/2017 which is 90 days before the date of publication of the preliminary determination in the Federal Register. Effective 04/01/2017, for entries of certain softwood lumber products from Canada from the All Others producers and/or exporters listed below, CBP shall require a cash deposit equal to the following dumping margins:

Producer and/or Exporter: All Others
Case Number: A-122-857-000
Cash Deposit Rate: 6.87%

7. Commerce found that critical circumstances do not exist for imports of certain softwood lumber products from Canada from the producers and/or exporters listed below. For imports of certain softwood lumber products from Canada from the producers and/or exporters listed below CBP shall suspend liquidation of such entries which were entered, or withdrawn from warehouse, for consumption on or after 06/30/2017. Effective 06/30/2017, for entries of certain softwood lumber products from Canada from the producers and/or exporters listed below, CBP shall require a cash deposit equal to the following dumping margins:

Producer and/or Exporter: Canfor Corporation, Canadian Forest Products Ltd., and Canfor Wood Products Marketing Ltd.
Case number: A-122-857-001
Cash deposit rate: 7.72%

Producer and/or Exporter: Resolute FP Canada Inc. Resolute Growth Canada Inc., Abitibi-LP Engineered Wood Inc., Abitibi-LP Engineered Wood II Inc., Forest Products Mauricie LP, Produits Forestiers Petit-Paris Inc., and Société en commandite Scierie Opitciwan, 9265-7030 Quebec, Inc.
Case number: A-122-857-002
Cash deposit rate: 4.59%

Producer and/or Exporter: Tolko Industries Ltd. and Tolko Marketing & Services, Ltd. and Gilbert Smith Forest Products Ltd.
Case number: A-122-857-003
Cash deposit rate: 7.53%

Producer and/or Exporter: West Fraser Mills Ltd., Blue Ridge Lumber Inc., Manning Forest
Products Ltd., and Sundre Forest Products Inc.
Case number: A-122-857-004
Cash deposit rate: 6.76%

8. If any entries of this merchandise are exported by a firm other than the producer, then the following instructions apply:

A. If the exporter of the subject merchandise does not have its own rate but the producer has its own rate, the cash deposit rate will be the producer's rate.

B. Where neither the exporter nor the producer has its own rate or the producer is unknown, use the all-others rate of 6.87 percent to establish the cash deposit.

9. If there are any questions by the importing 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 OIV:SMB.)

10. There are no restrictions on the release of this information.

Alexander Amdur