• Effective Date: Apr 28, 2017
  • Notice of Lifting of Suspension Date: Jan 03, 2018
  • Cite as: 83 FR 347 • Cite date: Jan 03, 2018

1. On 04/28/2017, Commerce published in the Federal Register its affirmative preliminary determination in the countervailing duty investigation of certain softwood lumber products from Canada (82 FR 19657). As a result, Commerce instructed CBP to suspend liquidation of entries covered by the scope of this investigation, as described in message 7118311, dated 04/28/2017.

2. On 11/08/2017, Commerce published in the Federal Register its final affirmative determination in the countervailing duty investigation of certain softwood lumber products from Canada (82 FR 51814). In the final determination, Commerce adopted an exclusion for softwood lumber products certified by the Atlantic Lumber Board (ALB) 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. Commerce issued the countervailing duty order on 01/03/2018 (83 FR 347). See message 8004301, dated 01/04/2018.

3. To qualify for the exclusion described in paragraph 2, an importer must provide an ALB certificate with each entry certifying that the merchandise was 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. Additionally, the ALB certificate of origin number must be identified in the Customs Entry Summary documentation for each entry.

4. Accordingly, for all entries of excluded merchandise, as described in paragraph 2, that meet the requirements set forth in paragraph 3, entered, or withdrawn from warehouse, for consumption on or after 04/28/2017, CBP shall terminate suspension and liquidate without regard to duties (i.e., release all bonds and refund all cash deposits).

5. The notice of lifting of suspension of liquidation for entries of merchandise covered by paragraph 4 occurred on 01/03/2018 with the publication of the countervailing duty order (83 FR 347).

6. The assessment of countervailing duties by CBP on shipments or 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 or assess interest on underpayments of the required amounts deposited as estimated countervailing duties. The interest provisions are not applicable to cash or bonds 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 is required 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. Unless instructed otherwise, for all other shipments of certain softwood lumber products from Canada not covered by paragraph 4 above, you shall continue to collect cash deposits of estimated countervailing duties for the merchandise at the current rates.

8. 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:RG.)

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

Alexander Amdur