Notice of Amended Final Results of Countervailing Duty Administrative Review: Certain Softwood Lumber Products from Canada, 9046-9048 [E5-763]
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9046
Federal Register / Vol. 70, No. 36 / Thursday, February 24, 2005 / Notices
EFFECTIVE DATE:
February 24, 2005.
FOR FURTHER INFORMATION CONTACT:
Helen Kramer or Kristin Najdi at (202)
482–0405 or (202) 482–8221,
respectively; AD/CVD Operations,
Office 7, Import Administration,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue, NW,
Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
On June 1, 2004, the Department of
Commerce (‘‘the Department’’)
published a notice of opportunity to
request an administrative review of the
antidumping order on stainless steel
butt–weld pipe fittings from Taiwan for
the period June 1, 2003, through May
31, 2004. See Notice of Opportunity to
Request Administrative Review of
Antidumping or Countervailing Duty
Order, Finding, or Suspended
Investigation, 69 FR 30873 (June 1,
2004). On June 2, 2004, the respondent
Ta Chen Stainless Steel Pipe Co., Ltd.
(‘‘Ta Chen’’) requested that the
Department conduct an administrative
review of its sales to the United States
during the period of review (‘‘POR’’). On
June 22, 2004, Markovitz Enterprises,
Inc. (Flowline Division), Gerlin, Inc.,
Shaw Alloy Piping Products, Inc., and
Taylor Forge Stainless, Inc. (collectively
‘‘petitioners’’) requested an
antidumping duty administrative review
for Ta Chen, Liang Feng Stainless Steel
Fitting Co., Ltd., Tru–Flow Industrial
Co., Ltd., and PFP Taiwan Co., Ltd. On
July 28, 2004, the Department published
the notice initiating this antidumping
duty administrative review for the
period June 1, 2003, through May 31,
2004. See Notice of Initiation of
Antidumping and Countervailing Duty
Administrative Reviews and Request for
Revocation In Part, 69 FR 45010 (July
28, 2004). The preliminary results are
currently due not later than March 2,
2005.
Extension of Time Limits for
Preliminary Results
Pursuant to section 751(a)(3)(A) of the
Tariff Act of 1930, as amended (‘‘the
Act’’), and 19 CFR 351.213(h)(2), the
Department may extend the deadline for
completion of the preliminary results of
a review if it determines that it is not
practicable to complete the preliminary
results within 245 days after the last day
of the anniversary month of the date of
publication of the order for which the
administrative review was requested.
The Department has determined it is not
practicable to complete this review
within the originally anticipated time
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18:49 Feb 23, 2005
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limit, in accordance with section
751(a)(3)(A) of the Act and 19 CFR
351.213(h)(2), for the following reasons:
(1) this review involves complex
affiliation issues; and (2) this review
involves complex constructed export
price adjustments. Therefore, the
Department is extending the time limits
for the preliminary results by 120 days,
to not later than June 30, 2005.
The deadline for the final results of
this review will continue to be 120 days
after publication of the preliminary
results.
Dated: February 16, 2005.
Barbara E. Tillman,
Acting Deputy Assistant Secretary for Import
Administration.
[FR Doc. E5–762 Filed 2–23–05; 8:45 am]
BILLING CODE: 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
Applications for Duty-Free Entry of
Scientific Instruments
Pursuant to Section 6(c) of the
Educational, Scientific and Cultural
Materials Importation Act of 1966 (Pub.
L. 89–651; 80 Stat. 897; 15 CFR part
301), we invite comments on the
question of whether instruments of
equivalent scientific value, for the
purposes for which the instruments
shown below are intended to be used,
are being manufactured in the United
States.
Comments must comply with 15 CFR
301.5(a)(3) and (4) of the regulations and
be filed within 20 days with the
Statutory Import Programs Staff, U.S.
Department of Commerce, Washington,
DC 20230. Applications may be
examined between 8:30 a.m. and 5 p.m.
in Suite 4100W, U.S. Department of
Commerce, Franklin Court Building,
1099 14th Street, NW., Washington, DC.
Docket Number: 05–003. Applicant:
Brigham Young University, Purchasing
Department, C–144 ASB. Provo, UT
84602.
Instrument: Electron microscope,
Model Tecnai F–20 Twin.
Manufacturer: FEI Company, The
Netherlands. Intended Use: The
instrument is intended to be used for
high-resolution electron microscopy,
electron crystallography, parallel and
convergent beam electron diffraction
and electron energy-loss spectroscopy.
Phenomena at the nano-scale and
properties of a variety of materials of
scientific and technological significance
will be studied. Application accepted by
Commissioner of Customs: January 31,
2005.
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Docket Number: 05–004. Applicant:
University of Delaware, 201 duPont
Hall, Dept. of Matls. and Eng.,
University of Delaware, Newark, DE
19716. Instrument: Electron Microscope,
Model Tecnai G2 12 Twin.
Manufacturer: Fei Company, Czech
Republic. Intended Use: The instrument
is intended to be used to study the
microstructure of polymers, colloids
and biomaterials and other materials
from room temperature down to that of
liquid nitrogen. It will be used to
investigate morphology of phases,
crystal structure and defects including
vesicles and micelles, colloids as well as
polypeptide and polymer mesoscale and
nanoscale structure and structureproperty relationships. Application
accepted by Commissioner of Customs:
January 31, 2005.
Docket Number: 04–005. Applicant:
University of Vermont, Physics Dept.,
82 University Place, (Cook Building),
Bulington, VT. 05405. Instrument:
Excimer Laser. Manufacturer: TUI Laser
AG, Germany. Intended Use: The
instrument is intended to be used to
make thin film materials with
scientifically interesting electrical and
magnetic properties using a pulsed laser
deposition process which will be
subjected to a variety of measurements
to determine their atomic and molecular
structure as well as relevant electrical
and magnetic properties in order to
elucidate the fundamental properties of
thin film materials.
Application accepted by
Commissioner of Customs: February 7,
2005.
Gerald A. Zerdy,
Program Manager, Statutory Import Programs
Staff.
[FR Doc. E5–759 Filed 2–23–05; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–122–839]
Notice of Amended Final Results of
Countervailing Duty Administrative
Review: Certain Softwood Lumber
Products from Canada
Import Administration,
International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: February 24, 2005.
FOR FURTHER INFORMATION CONTACT:
Robert Copyak (202) 482–2209, AD/CVD
Operations, Office 3, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, Room 4012, 14th Street and
AGENCY:
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Federal Register / Vol. 70, No. 36 / Thursday, February 24, 2005 / Notices
Constitution Avenue, N.W.,
Washington, D.C. 20230.
On
December 13, 2004, in accordance with
section 751(a) of the Tariff Act of 1930,
as amended (the Act), the Department of
Commerce (the Department) determined
that countervailable subsidies were
being provided with respect to certain
softwood lumber products from Canada.
See Notice of Final Results of
Countervailing Duty Administrative
Review and Rescission of Certain
Company–Specific Reviews: Certain
Softwood Lumber Products from
Canada, 69 FR 75917 (December 20,
2004) (Final Results). On January 10,
2005, the Coalition for Fair Lumber
Imports Executive Committee
(petitioners) and the Governments of
Canada, Alberta, British Columbia,
Manitoba, Ontario, Saskatchewan,
Quebec, Northwest Territories and the
Yukon Territory, the British Columbia
Lumber Trade council and its
constituent associations, the Ontario
Forest Industries Association, the
Ontario Lumber Manufacturers
Association, and the Quebec Lumber
Manufacturers Association (collectively,
the Canadian parties) alleged ministerial
errors in the calculations of the Final
Results. On January 14, 2005,
petitioners submitted rebuttal comments
regarding the allegations. As a
consequence of an extension granted by
the Department pursuant to 19 CFR
351.224(c)(4), these ministerial error
comments were submitted timely.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The products covered by this order
are softwood lumber, flooring and
siding (softwood lumber products).
Softwood lumber products include all
products classified under subheadings
4407.1000, 4409.1010, 4409.1090, and
4409.1020, respectively, of the
Harmonized Tariff Schedule of the
United States (HTSUS), and any
softwood lumber, flooring and siding
described below. These softwood
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 millimeters;
(2) Coniferous wood siding (including
strips and friezes for parquet
flooring, not assembled)
continuously shaped (tongued,
grooved, rabbeted, 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
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Jkt 205001
flooring, not assembled)
continuously shaped (tongued,
grooved, rabbeted, chamfered, v–
jointed, beaded, molded, rounded
or the like) along any of its edges or
faces (other than wood moldings
and wood dowel rods) whether or
not planed, sanded or finger–
jointed; and
(4) Coniferous wood flooring
(including strips and friezes for
parquet flooring, not assembled)
continuously shaped (tongued,
grooved, rabbeted, chamfered, v–
jointed, beaded, molded, rounded
or the like) along any of its edges or
faces, whether or not planed,
sanded or finger–jointed.
Although the HTSUS subheadings are
provided for convenience and customs
purposes, the written description of the
merchandise subject to this order is
dispositive.
As specifically stated in the Issues
and Decision Memorandum
accompanying the Notice of Final
Determination of Sales at Less Than
Fair Value: Certain Softwood Lumber
Products from Canada, 67 FR 15539
(April 2, 2002) (see comment 53, item D,
page 116, and comment 57, item B–7,
page 126), available at
www.ia.ita.doc.gov/frn, drilled and
notched lumber and angle cut lumber
are covered by the scope of this order.
The following softwood lumber
products are excluded from the scope of
this order provided they meet the
specified requirements detailed below:
(1) Stringers (pallet components used
for runners): if they have at least
two notches on the side, positioned
at equal distance from the center, to
properly accommodate forklift
blades, properly classified under
HTSUS 4421.90.98.40.
(2) 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 should be radius–cut at both
ends. The kits should be
individually packaged, they should
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.
(3) 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 substantial cuts so as
to completely round one corner.
(4) Fence pickets requiring no further
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9047
processing and properly classified
under HTSUS 4421.90.70, 1’’ or less
in actual thickness, up to 8’’ wide,
6’ or less in length, and have finials
or decorative cuttings that clearly
identify them as fence pickets. In
the case of dog–eared fence pickets,
the corners of the boards should be
cut off so as to remove pieces of
wood in the shape of isosceles right
angle triangles with sides
measuring 3/4 inch or more.
(5) U.S. origin lumber shipped to
Canada for minor processing and
imported into the United States, is
excluded from the scope of this
order if the following conditions are
met: 1) the processing occurring in
Canada is limited to kiln–drying,
planing to create smooth–to-size
board, and sanding, and 2) if the
importer establishes to the
satisfaction of U.S. Customs and
Border Protection (CBP) that the
lumber is of U.S. origin.
(6) Softwood lumber products
contained in single family home
packages or kits,1 regardless of tariff
classification, are excluded from the
scope of this order if the importer
certifies to items 6 A, B, C, D, and
requirement 6 E is met:
A. The imported home package or kit
constitutes a full package of the number
of wooden pieces specified in the plan,
design or blueprint necessary to
produce a home of at least 700 square
feet produced to a specified plan, design
or blueprint;
B. The package or kit must contain all
necessary internal and external doors
and windows, nails, screws, glue, sub
floor, sheathing, beams, posts,
connectors, and if included in the
purchase contract, decking, trim,
drywall and roof shingles specified in
the plan, design or blueprint.
C. Prior to importation, the package or
kit must be sold to a retailer of complete
home packages or kits pursuant to a
valid purchase contract referencing the
particular home design plan or
blueprint, and signed by a customer not
affiliated with the importer;
D. Softwood lumber products entered as
part of a single family home package or
kit, whether in a single entry or multiple
entries on multiple days, will be used
solely for the construction of the single
family home specified by the home
design matching the entry.
1 To ensure administrability, we clarified the
language of exclusion number 6 to require an
importer certification and to permit single or
multiple entries on multiple days as well as
instructing importers to retain and make available
for inspection specific documentation in support of
each entry.
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Federal Register / Vol. 70, No. 36 / Thursday, February 24, 2005 / Notices
E. For each entry, the following
documentation must be retained by the
importer and made available to CBP
upon request:
i. A copy of the appropriate home
design, plan, or blueprint matching
the entry;
ii. A purchase contract from a retailer
of home kits or packages signed by
a customer not affiliated with the
importer;
iii. A listing of inventory of all parts
of the package or kit being entered
that conforms to the home design
package being entered;
iv. In the case of multiple shipments
on the same contract, all items
listed in E(iii) which are included
in the present shipment shall be
identified as well.
Lumber products that CBP may
classify as stringers, radius cut box–
spring-frame components, and fence
pickets, not conforming to the above
requirements, as well as truss
components, pallet components, and
door and window frame parts, are
covered under the scope of this order
and may be classified under HTSUS
subheadings 4418.90.45.90,
4421.90.70.40, and 4421.90.97.40.
Finally, as clarified throughout the
course of the investigation, the
following products, previously
identified as Group A, remain outside
the scope of this order. They are:
1. Trusses and truss kits, properly
classified under HTSUS 4418.90;
2. I–joist beams;
3. Assembled box spring frames;
4. Pallets and pallet kits, properly
classified under HTSUS 4415.20;
5. Garage doors;
6. Edge–glued wood, properly
classified under HTSUS
4421.90.98.40;
7. Properly classified complete door
frames;
8. Properly classified complete
window frames;
9. Properly classified furniture.
Amended Final Results
In accordance with section 751(h) of
the Act, we have determined that
ministerial errors were made in the
calculations of the Final Results. For a
detailed discussion of the ministerial
error allegations and the Department’s
analysis, see Memorandum to Barbara E.
Tillman, Acting Deputy Assistant
Secretary, ‘‘Ministerial Error Allegations
Filed by Petitioners and Canadian
Parties; Amendment to the Ad Valorem
Rate Calculated in the Notice of
Amended Final Results of
Countervailing Duty Administrative
Review: Certain Softwood Lumber
Products from Canada,’’ dated February
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18:49 Feb 23, 2005
Jkt 205001
16, 2005, which is on file in the Central
Records Unit, room B–099 of the main
Department building.
In accordance with section
777(A)(e)(2)(B) of the Act, we calculated
a single country–wide ad valorem
subsidy rate of 17.18 percent in the
Final Results to be applied to all
producers and exporters of the subject
merchandise from Canada, other than
those producers that have been
excluded from the order and those
producers receiving an individual rate
in this review. In accordance with
section 751(h) of the Act and 19 CFR
351.224(e), we are amending the Final
Results to correct ministerial errors. As
a result of amending the calculations of
the Final Results, the country–wide rate
changed to 16.37 percent ad valorem.
We have determined that Fontaine
Inc., Les Produits Forestiers Dube Inc.,
Scierie West Brome Inc., and Scierie
Lapointe & Roy Ltee. each received zero
or de minimis net subsidies during the
period of review. We have also
determined to rescind the reviews with
respect to Bear Lumber Ltd., Bois
Daaquam Inc., Cambie Cedar Products
Ltd., Midway Lumber Mills Ltd., Nickel
Lake Lumber, Twin Rivers Cedar
Products Ltd., and Uphill Wood Supply
Inc.
The Department has previously
excluded the following companies from
this order:
• Armand Duhamel et fils Inc.
• Bardeaux et Cedres
• Beaubois Coaticook Inc.
• Busque & Laflamme Inc.
• Carrier & Begin Inc.
• Clermond Hamel
• J.D. Irving, Ltd.
• Les Produits Forestiers D.G., Ltee
• Marcel Lauzon Inc.
• Mobilier Rustique
• Paul Vallee Inc.
• Rene Bernard, Inc.
• Roland Boulanger & Cite. Ltee
• Scierie Alexandre Lemay
• Scierie La Patrie, Inc.
• Scierie Tech, Inc.
• Wilfrid Paquet et fils, Ltee
• B. Luken Logging Ltd.
• Frontier Lumber
• Sault Forest Products Ltd.
• Interbois Inc.
• Les Moulures Jacomau
• Richard Lutes Cedar Inc.
• Boccam Inc.
• Indian River Lumber
• Sechoirs de Beauce Inc.
See Notice of Amended Final
Affirmative Countervailing Duty
Determination and Notice of
Countervailing Duty Order: Certain
Softwood Lumber Products from
Canada, 67 FR 36068 (May 22, 2002), as
corrected (67 FR 37775, May 30, 2002),
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Final Results of Countervailing Duty
Expedited Reviews: Certain Softwood
Lumber Products from Canada, 68 FR
24436 (May 7, 2003), and Final Results,
Reinstatement, Partial Rescission of
Countervailing Duty Expedited Reviews,
and Company Exclusions: Certain
Softwood Lumber Products From
Canada, 69 FR 10982 (March 9, 2004).
Finally, certain softwood lumber
products from the Maritime Provinces
are exempt from this countervailing
duty order. This exemption, however,
does not apply to softwood lumber
products produced in the Maritime
Provinces from Crown timber harvested
in any other province.
In accordance with 19 CFR 356.8, we
will instruct CBP, on or after the 41st
day after publication of the amended
final results of this review, to liquidate
shipments of certain softwood lumber
products from Canada entered, or
withdrawn from warehouse, for
consumption from May 22, 2002,
through March 31, 2003, at the above
indicated company–specific and
aggregate ad valorem net subsidy rates.
We will direct CBP to exempt from the
application of the order only entries of
softwood lumber products from Canada
which are accompanied by an original
Certificate of Origin issued by the
Maritime Lumber Bureau (MLB), and
those of the excluded companies listed
above.
In addition, we will instruct CBP to
collect cash deposits of estimated
countervailing duties in the amounts
indicated above of the f.o.b. price on all
shipments of the subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the date of
publication of these amended final
results of review.
We are issuing and publishing this
determination and notice in accordance
with sections 751(a)(1), 751(h) and
777(i)(1) of the Act.
Dated: February 16, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import
Administration.
[FR Doc. E5–763 Filed 2–23–05; 8:45 am]
BILLING CODE 3510–DS–S
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]]>Agencies
[Federal Register Volume 70, Number 36 (Thursday, February 24, 2005)]
[Notices]
[Pages 9046-9048]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-763]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-122-839]
Notice of Amended Final Results of Countervailing Duty
Administrative Review: Certain Softwood Lumber Products from Canada
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: February 24, 2005.
FOR FURTHER INFORMATION CONTACT: Robert Copyak (202) 482-2209, AD/CVD
Operations, Office 3, Import Administration, International Trade
Administration, U.S. Department of Commerce, Room 4012, 14th Street and
[[Page 9047]]
Constitution Avenue, N.W., Washington, D.C. 20230.
SUPPLEMENTARY INFORMATION: On December 13, 2004, in accordance with
section 751(a) of the Tariff Act of 1930, as amended (the Act), the
Department of Commerce (the Department) determined that countervailable
subsidies were being provided with respect to certain softwood lumber
products from Canada. See Notice of Final Results of Countervailing
Duty Administrative Review and Rescission of Certain Company-Specific
Reviews: Certain Softwood Lumber Products from Canada, 69 FR 75917
(December 20, 2004) (Final Results). On January 10, 2005, the Coalition
for Fair Lumber Imports Executive Committee (petitioners) and the
Governments of Canada, Alberta, British Columbia, Manitoba, Ontario,
Saskatchewan, Quebec, Northwest Territories and the Yukon Territory,
the British Columbia Lumber Trade council and its constituent
associations, the Ontario Forest Industries Association, the Ontario
Lumber Manufacturers Association, and the Quebec Lumber Manufacturers
Association (collectively, the Canadian parties) alleged ministerial
errors in the calculations of the Final Results. On January 14, 2005,
petitioners submitted rebuttal comments regarding the allegations. As a
consequence of an extension granted by the Department pursuant to 19
CFR 351.224(c)(4), these ministerial error comments were submitted
timely.
Scope of the Order
The products covered by this order are softwood lumber, flooring
and siding (softwood lumber products). Softwood lumber products include
all products classified under subheadings 4407.1000, 4409.1010,
4409.1090, and 4409.1020, respectively, of the Harmonized Tariff
Schedule of the United States (HTSUS), and any softwood lumber,
flooring and siding described below. These softwood 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 millimeters;
(2) Coniferous wood siding (including strips and friezes for
parquet flooring, not assembled) continuously shaped (tongued, grooved,
rabbeted, 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,
rabbeted, chamfered, v-jointed, beaded, molded, rounded or the like)
along any of its edges or faces (other than wood moldings and wood
dowel rods) whether or not planed, sanded or finger-jointed; and
(4) Coniferous wood flooring (including strips and friezes for
parquet flooring, not assembled) continuously shaped (tongued, grooved,
rabbeted, chamfered, v-jointed, beaded, molded, rounded or the like)
along any of its edges or faces, whether or not planed, sanded or
finger-jointed.
Although the HTSUS subheadings are provided for convenience and
customs purposes, the written description of the merchandise subject to
this order is dispositive.
As specifically stated in the Issues and Decision Memorandum
accompanying the Notice of Final Determination of Sales at Less Than
Fair Value: Certain Softwood Lumber Products from Canada, 67 FR 15539
(April 2, 2002) (see comment 53, item D, page 116, and comment 57, item
B-7, page 126), available at www.ia.ita.doc.gov/frn, drilled and
notched lumber and angle cut lumber are covered by the scope of this
order.
The following softwood lumber products are excluded from the scope
of this order provided they meet the specified requirements detailed
below:
(1) Stringers (pallet components used for runners): if they have at
least two notches on the side, positioned at equal distance from the
center, to properly accommodate forklift blades, properly classified
under HTSUS 4421.90.98.40.
(2) 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 should be radius-cut at both
ends. The kits should be individually packaged, they should 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.
(3) 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 substantial cuts so as to completely round one corner.
(4) Fence pickets requiring no further processing and properly
classified under HTSUS 4421.90.70, 1'' or less in actual thickness, up
to 8'' wide, 6' or less in length, and have finials or decorative
cuttings that clearly identify them as fence pickets. In the case of
dog-eared fence pickets, the corners of the boards should be cut off so
as to remove pieces of wood in the shape of isosceles right angle
triangles with sides measuring 3/4 inch or more.
(5) U.S. origin lumber shipped to Canada for minor processing and
imported into the United States, is excluded from the scope of this
order if the following conditions are met: 1) the processing occurring
in Canada is limited to kiln-drying, planing to create smooth-to-size
board, and sanding, and 2) if the importer establishes to the
satisfaction of U.S. Customs and Border Protection (CBP) that the
lumber is of U.S. origin.
(6) Softwood lumber products contained in single family home
packages or kits,\1\ regardless of tariff classification, are excluded
from the scope of this order if the importer certifies to items 6 A, B,
C, D, and requirement 6 E is met:
---------------------------------------------------------------------------
\1\ To ensure administrability, we clarified the language of
exclusion number 6 to require an importer certification and to
permit single or multiple entries on multiple days as well as
instructing importers to retain and make available for inspection
specific documentation in support of each entry.
---------------------------------------------------------------------------
A. The imported home package or kit constitutes a full package of the
number of wooden pieces specified in the plan, design or blueprint
necessary to produce a home of at least 700 square feet produced to a
specified plan, design or blueprint;
B. The package or kit must contain all necessary internal and external
doors and windows, nails, screws, glue, sub floor, sheathing, beams,
posts, connectors, and if included in the purchase contract, decking,
trim, drywall and roof shingles specified in the plan, design or
blueprint.
C. Prior to importation, the package or kit must be sold to a retailer
of complete home packages or kits pursuant to a valid purchase contract
referencing the particular home design plan or blueprint, and signed by
a customer not affiliated with the importer;
D. Softwood lumber products entered as part of a single family home
package or kit, whether in a single entry or multiple entries on
multiple days, will be used solely for the construction of the single
family home specified by the home design matching the entry.
[[Page 9048]]
E. For each entry, the following documentation must be retained by the
importer and made available to CBP upon request:
i. A copy of the appropriate home design, plan, or blueprint
matching the entry;
ii. A purchase contract from a retailer of home kits or packages
signed by a customer not affiliated with the importer;
iii. A listing of inventory of all parts of the package or kit
being entered that conforms to the home design package being entered;
iv. In the case of multiple shipments on the same contract, all
items listed in E(iii) which are included in the present shipment shall
be identified as well.
Lumber products that CBP may classify as stringers, radius cut box-
spring-frame components, and fence pickets, not conforming to the above
requirements, as well as truss components, pallet components, and door
and window frame parts, are covered under the scope of this order and
may be classified under HTSUS subheadings 4418.90.45.90, 4421.90.70.40,
and 4421.90.97.40.
Finally, as clarified throughout the course of the investigation,
the following products, previously identified as Group A, remain
outside the scope of this order. They are:
1. Trusses and truss kits, properly classified under HTSUS 4418.90;
2. I-joist beams;
3. Assembled box spring frames;
4. Pallets and pallet kits, properly classified under HTSUS
4415.20;
5. Garage doors;
6. Edge-glued wood, properly classified under HTSUS 4421.90.98.40;
7. Properly classified complete door frames;
8. Properly classified complete window frames;
9. Properly classified furniture.
Amended Final Results
In accordance with section 751(h) of the Act, we have determined
that ministerial errors were made in the calculations of the Final
Results. For a detailed discussion of the ministerial error allegations
and the Department's analysis, see Memorandum to Barbara E. Tillman,
Acting Deputy Assistant Secretary, ``Ministerial Error Allegations
Filed by Petitioners and Canadian Parties; Amendment to the Ad Valorem
Rate Calculated in the Notice of Amended Final Results of
Countervailing Duty Administrative Review: Certain Softwood Lumber
Products from Canada,'' dated February 16, 2005, which is on file in
the Central Records Unit, room B-099 of the main Department building.
In accordance with section 777(A)(e)(2)(B) of the Act, we
calculated a single country-wide ad valorem subsidy rate of 17.18
percent in the Final Results to be applied to all producers and
exporters of the subject merchandise from Canada, other than those
producers that have been excluded from the order and those producers
receiving an individual rate in this review. In accordance with section
751(h) of the Act and 19 CFR 351.224(e), we are amending the Final
Results to correct ministerial errors. As a result of amending the
calculations of the Final Results, the country-wide rate changed to
16.37 percent ad valorem.
We have determined that Fontaine Inc., Les Produits Forestiers Dube
Inc., Scierie West Brome Inc., and Scierie Lapointe & Roy Ltee. each
received zero or de minimis net subsidies during the period of review.
We have also determined to rescind the reviews with respect to Bear
Lumber Ltd., Bois Daaquam Inc., Cambie Cedar Products Ltd., Midway
Lumber Mills Ltd., Nickel Lake Lumber, Twin Rivers Cedar Products Ltd.,
and Uphill Wood Supply Inc.
The Department has previously excluded the following companies from
this order:
Armand Duhamel et fils Inc.
Bardeaux et Cedres
Beaubois Coaticook Inc.
Busque & Laflamme Inc.
Carrier & Begin Inc.
Clermond Hamel
J.D. Irving, Ltd.
Les Produits Forestiers D.G., Ltee
Marcel Lauzon Inc.
Mobilier Rustique
Paul Vallee Inc.
Rene Bernard, Inc.
Roland Boulanger & Cite. Ltee
Scierie Alexandre Lemay
Scierie La Patrie, Inc.
Scierie Tech, Inc.
Wilfrid Paquet et fils, Ltee
B. Luken Logging Ltd.
Frontier Lumber
Sault Forest Products Ltd.
Interbois Inc.
Les Moulures Jacomau
Richard Lutes Cedar Inc.
Boccam Inc.
Indian River Lumber
Sechoirs de Beauce Inc.
See Notice of Amended Final Affirmative Countervailing Duty
Determination and Notice of Countervailing Duty Order: Certain Softwood
Lumber Products from Canada, 67 FR 36068 (May 22, 2002), as corrected
(67 FR 37775, May 30, 2002), Final Results of Countervailing Duty
Expedited Reviews: Certain Softwood Lumber Products from Canada, 68 FR
24436 (May 7, 2003), and Final Results, Reinstatement, Partial
Rescission of Countervailing Duty Expedited Reviews, and Company
Exclusions: Certain Softwood Lumber Products From Canada, 69 FR 10982
(March 9, 2004).
Finally, certain softwood lumber products from the Maritime
Provinces are exempt from this countervailing duty order. This
exemption, however, does not apply to softwood lumber products produced
in the Maritime Provinces from Crown timber harvested in any other
province.
In accordance with 19 CFR 356.8, we will instruct CBP, on or after
the 41st day after publication of the amended final results of this
review, to liquidate shipments of certain softwood lumber products from
Canada entered, or withdrawn from warehouse, for consumption from May
22, 2002, through March 31, 2003, at the above indicated company-
specific and aggregate ad valorem net subsidy rates. We will direct CBP
to exempt from the application of the order only entries of softwood
lumber products from Canada which are accompanied by an original
Certificate of Origin issued by the Maritime Lumber Bureau (MLB), and
those of the excluded companies listed above.
In addition, we will instruct CBP to collect cash deposits of
estimated countervailing duties in the amounts indicated above of the
f.o.b. price on all shipments of the subject merchandise entered, or
withdrawn from warehouse, for consumption on or after the date of
publication of these amended final results of review.
We are issuing and publishing this determination and notice in
accordance with sections 751(a)(1), 751(h) and 777(i)(1) of the Act.
Dated: February 16, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. E5-763 Filed 2-23-05; 8:45 am]
BILLING CODE 3510-DS-S
