1.
On 1/3/2018, Commerce published in the Federal Register its antidumping duty order and amended final determination on certain softwood lumber products from Canada (83 FR 350).
In message 8004302, dated 01/04/2018, Commerce inadvertently did not include a list of products already determined to be finished products, which are therefore excluded from the order on certain softwood lumber products from Canada.
The complete scope of the order has been repeated in paragraph 2 below and the list of finished products excluded from the order has been provided in paragraph 3.
The scope language itself remains unchanged.
2.
The merchandise covered by this order 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.
Finished products are not covered by the scope of this order.
For the purposes of this scope, finished products contain, or are comprised of, subject merchandise and have undergone sufficient processing such that they can no longer be considered intermediate products, and such products can be readily differentiated from merchandise subject to this order at the time of importation.
Such differentiation may, for example, be shown through marks of special adaptation as a particular product.
The following products are illustrative of the type of merchandise that is considered “finished,” for the purpose of this scope:
I-joists; assembled pallets; cutting boards; assembled picture frames; garage doors.
The following items are excluded from the scope of this order:
• Softwood lumber products certified by the Atlantic Lumber Board as being first produced in the Provinces of Newfoundland and Labrador, Nova Scotia, or Prince Edward Island from logs harvested in Newfoundland and Labrador, Nova Scotia, or Prince Edward Island.
• U.S.-origin lumber shipped to Canada for processing and imported into the United States 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 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. The radius cuts must be present on both ends of the boards and must be substantially cut so as to completely round one corner.
Softwood lumber product imports are generally entered under Chapter 44 of the Harmonized Tariff Schedule of the United States (HTSUS).
This chapter of the HTSUS covers “Wood and articles of wood.”
Softwood lumber products that are subject to this order 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; 4421.99.70.40; and 4421.99.97.80.
Although these HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of this order is dispositive.
3. As noted in paragraph 2 above, finished products made from softwood lumber are not covered by the scope of this order.
Given the number and variety of finished products made from softwood lumber, Commerce has not identified every finished product not covered by the scope of this order.
However, in the course of this order, we explicitly determined the products listed below to be finished products, and thus not covered by the scope.
See the final determination (82 FR 51806, dated 11/08/2017) and accompanying issue and decision memorandum which incorporated determinations made in the preliminary scope memorandum regarding the products listed below:
assembled pallets;
assembled trusses;
assembled garage doors;
assembled door frames;
assembled window frames;
finished furniture kits;
I-joists;
open-webbed floor joists;
edge-glued wood;
cross-laminated timber;
assembled furniture;
butcher block countertops;
cutting boards;
assembled wood toys;
assembled wooden frames for paintings, photographs and mirrors;
assembled wood blinds;
clothes hangers;
tableware;
trays;
wall art;
marquetry;
wood bird feeders;
wood toys; and
model houses, cars, boats and other vehicles.
4.
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.)
5.
There are no restrictions on the release of this information.
Alexander Amdur