Notice of Final Results of Antidumping Duty Changed Circumstances Review: Certain Softwood Lumber Products from Canada, 30084-30086 [E5-2655]

Download as PDF 30084 Federal Register / Vol. 70, No. 100 / Wednesday, May 25, 2005 / Notices Administration, to Barbara P. Sidari, Vice President, Joseph A. Sidari Company, Inc., dated July 30, 1998, which is available in the CRU. (3) On October 23, 1997, the petitioners filed an application requesting that the Department initiate an anti–circumvention investigation of Barilla America, Inc., and Barilla Alimentare, S.p.A. (‘‘Barilla’’), an Italian producer and exporter of pasta. The Department initiated the investigation on December 8, 1997 (62 FR 65673). On October 5, 1998, the Department issued its final determination that Barilla’s importation of pasta in bulk and subsequent repackaging in the United States into packages of five pounds or less constitutes circumvention with respect to the antidumping duty order on pasta from Italy pursuant to section 781(a) of the Tariff Act of 1930, as amended (‘‘the Act’’), and 19 CFR 351.225(b). See Anti–circumvention Inquiry of the Antidumping Duty Order on Certain Pasta from Italy: Affirmative Final Determination of Circumvention of the Antidumping Duty Order, 63 FR 54672 (October 13, 1998). (4) On October 26, 1998, the Department self–initiated a scope inquiry to determine whether a package weighing over five pounds as a result of allowable industry tolerances is within the scope of the antidumping and countervailing duty orders. On May 24, 1999, we issued a final scope ruling finding that, effective October 26, 1998, pasta in packages weighing or labeled up to (and including) five pounds four ounces is within the scope of the antidumping and countervailing duty orders. See Memorandum from John Brinkmann, Program Manager, Office of AD/CVD Enforcement VI, to Richard Moreland, Deputy Assistant Secretary, ‘‘Final Scope Ruling,’’ dated May 24, 1999, which is available in the CRU. (5) On April 27, 2000, the Department self–initiated an anti–circumvention inquiry to determine whether Pastificio Fratelli Pagani S.p.A.’s importation of pasta in bulk and subsequent repackaging in the United States into packages of five pounds or less constitutes circumvention, with respect to the antidumping and countervailing duty orders on pasta from Italy pursuant to section 781(a) of the Act and 19 CFR 351.225(b). See Certain Pasta from Italy: Notice of Initiation of Anti– circumvention Inquiry of the Antidumping and Countervailing Duty Orders, 65 FR 26179 (May 5, 2000). On September 19, 2003, we published an affirmative finding of the anti– circumvention inquiry. See Anti– circumvention Inquiry of the Antidumping and Countervailing Duty VerDate jul<14>2003 17:52 May 24, 2005 Jkt 205001 Orders on Certain Pasta from Italy: Affirmative Final Determinations of Circumvention of Antidumping and Countervailing Duty Orders, 68 FR 54888 (September 19, 2003). exporter nor the producer is a firm covered in this review or a prior segment of the proceeding, the cash deposit rate will be 11.26 percent, the All Others rate established in the less– than-fair–value investigation. These Final Results of Review deposit requirements shall remain in We determine that the following effect until publication fo the final weighted–average margin percentage results of the next administrative exists for Atar for the period July 1, review. There are no chages to the rates 2003, through June 30, 2004: applicable to any other companies under this antidumping duty order. Manufacturer/exporter Margin (percent) This notice also serves as a final reminder to importers of their Atar, S.r.L. .................... 0.0 responsibility under 19 CFR 351.402(f) to file a certificate regarding the Assessment reimbursement of antidumping and The Department will determine, and countervailing duties prior to U.S. Customs and Border Protection liquidation of the relevant entries (‘‘CBP’’) shall assess, antidumping during this review period. Failure to duties on all appropriate entries, comply with this requirement could pursuant to 19 CFR 351.212(b). The result in the Secretary’s presumption Department calculated importer– that reimbursement of antidumping and specific duty assessment rates on the countervailing duties occurred and the basis of the ratio of the total amount of subsequent increase in antidumping and antidumping duties calculated for the countervailing duties by the amount of examined sales to the total entered antidumping duties reimbursed. value of the examined sales for that This notice also is the only reminder importer. In accordance with 19 CFR to parties subject to administrative 351.106(c)(2), we will instruct CBP to protective order (‘‘APO’’) of their liquidate without regard to antidumping responsibility concerning the return or duties, all entries of subject destruction of proprietary information merchandise during the POR for which disclosed under APO in accordance the importer–specific assessment rate is with 19 CFR 351.305. Timely written zero or de minimis. The Department notification of the return/destruction of will issue appropriate assessment APO materials or conversion to judicial instructions directly to CBP within 15 protective order is hereby requested. days of publication of these final results Failure to comply with the regulations of review. and the terms of an APO is a Cash Deposits Requirements sanctionable violation. We are issuing and publishing these Bonding will no longer be permitted results and notice in accordance with to fulfill security requirements for sections 751(a)(1) and 777(i)(1) of the shipments from Atar of pasta from Italy entered, or withdrawn from warehouse, Act. for consumption in the United States on Dated: May 18, 2005. or after the publication of this notice in Joseph A. Spetrini, the Federal Register. The following cash Acting Assistant Secretary for Import deposit rates shall be required for Administration. merchandise subject to the order [FR Doc. E5–2654 Filed 5–24–05; 8:45 am] entered, or withdrawn from warehouse, BILLING CODE 3510–DS–S for consumption on or after the publication date of these final results for this new shipper review, as provided for DEPARTMENT OF COMMERCE by section 751(a)(1) of the Act, as amended: (1) The cash deposit rates for International Trade Administration Atar (i.e., for subject merchandise both [A–122–838] manufactured and exported by Atar) will be zero; (2) the cash deposit rate for Notice of Final Results of Antidumping exporters who received a rate in a prior Duty Changed Circumstances Review: segment of the proceeding will continue Certain Softwood Lumber Products to be the rate assigned in that segment from Canada of the proceeding; (3) the cash deposit rate for entries of subject merchandise AGENCY: AGENCY: Import exported by Atar but not manufactured Administration, International Trade by Atar will continue to be the All Administration, Department of Others rate (i.e., 11.26 percent) or the Commerce. rate applicable to the manufacturer, if so SUMMARY: The Department has established; and (4) if neither the determined that entries of certain PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 E:\FR\FM\25MYN1.SGM 25MYN1 Federal Register / Vol. 70, No. 100 / Wednesday, May 25, 2005 / Notices softwood lumber products produced and exported by Produits Forestiers Saguenay Inc., shall be subject to the Abitibi Group cash deposit rate of 3.12 percent as of the date of publication of this notice in the Federal Register. EFFECTIVE DATE: May 25, 2005. FOR FURTHER INFORMATION CONTACT: Constance Handley or Saliha Loucif, AD/CVD Enforcement, Office 1, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482–0631 or (202) 482– 1779, respectively. SUPPLEMENTARY INFORMATION: that interested parties could request a hearing or submit case briefs and/or written comments to the Department no later than 20 days after publication of the Preliminary Results notice in the Federal Register, and submit rebuttal briefs, limited to the issues raised in those case briefs, seven days subsequent to the case briefs due date. We did not receive any hearing requests or comments on the Preliminary Results. 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 headings 4407.1000, 4409.1010, 4409.1090, and Background 4409.1020, respectively, of the On July 29, 2004, in accordance with Harmonized Tariff Schedule of the section 751(b)(1) of the Tariff Act of United States (HTSUS), and any 1930 (the Act) and 19 CFR 351.216(b) softwood lumber, flooring and siding (2004), the Abitibi Group and Produits described below. These softwood Forestiers Saguenay (PFS), both lumber products include: Canadian producers of softwood lumber (1) coniferous wood, sawn or chipped products and interested parties in this lengthwise, sliced or peeled, proceeding, filed a request for a changed whether or not planed, sanded or circumstances review. The Abitibi finger–jointed, of a thickness Group is composed of Abitibi– exceeding six millimeters; Consolidated Inc. (ACI), Abitibi (2) coniferous wood siding (including Consolidated Company of Canada strips and friezes for parquet (ACCC), Produits Forestiers Petit Paris flooring, not assembled) Inc. (PFPP), and Societe en Commandite continuously shaped (tongued, Scierie Opitciwan (Opitciwan). grooved, rabbeted, chamfered, v– In response to this request, the jointed, beaded, molded, rounded Department of Commerce (the or the like) along any of its edges or Department) initiated a changed faces, whether or not planed, circumstances review of the sanded or finger–jointed; antidumping duty order on certain (3) other coniferous wood (including softwood lumber from Canada. See strips and friezes for parquet Initiation of Antidumping Duty Changed flooring, not assembled) Circumstances Review: Certain continuously shaped (tongued, Softwood Products from Canada, 69 FR grooved, rabbeted, chamfered, v– 53681 (September 2, 2004) (Initiation jointed, beaded, molded, rounded Notice). On October 18, 2004, the or the like) along any of its edges or Department issued to the Abitibi Group faces (other than wood moldings a questionnaire requesting further and wood dowel rods) whether or details on PFS’ affiliation with the not planed, sanded or finger– Abitibi Group. The Abitibi Group’s jointed; and response was received by the (4) coniferous wood flooring Department on November 18, 2004. The (including strips and friezes for petitioner, the Coalition of Fair Lumber parquet flooring, not assembled) Imports Executive Commission, did not continuously shaped (tongued, file comments with respect to the grooved, rabbeted, chamfered, v– request. jointed, beaded, molded, rounded On March 30, 2005, the Department or the like) along any of its edges or published the preliminary results of this faces, whether or not planed, changed circumstances review and sanded or finger–jointed. preliminarily determined that entries Although the HTSUS subheadings are naming PFS as manufacturer and provided for convenience and customs exporter should receive the Abitibi’s purposes, the written description of the cash deposit rate of 3.12 percent. See merchandise under investigation is Certain Softwood Lumber Products dispositive. Preliminary scope From Canada: Notice of Preliminary exclusions and clarifications were Results of Antidumping Duty Changed published in three separate Federal Circumstances Review, 70 FR 16219 Register notices. Softwood lumber products excluded (March 30, 2005) (Preliminary Results). from the scope: In the Preliminary Results, we stated VerDate jul<14>2003 17:52 May 24, 2005 Jkt 205001 PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 30085 •trusses and truss kits, properly classified under HTSUS 4418.90 •I–joist beams •assembled box spring frames •pallets and pallet kits, properly classified under HTSUS 4415.20 •garage doors •edge–glued wood, properly classified under HTSUS 4421.90.97.40 (formerly HTSUS 4421.90.98.40). •properly classified complete door frames. •properly classified complete window frames •properly classified furniture Softwood lumber products excluded from the scope only if they meet certain requirements: • 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 4421.90.97.40 (formerly HTSUS 4421.90.98.40). • 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. • 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. • 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 Y inch or more. • 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 E:\FR\FM\25MYN1.SGM 25MYN1 30086 Federal Register / Vol. 70, No. 100 / Wednesday, May 25, 2005 / Notices board, and sanding, and 2) if the importer establishes to U.S. Customs and Border Protection’s (CBP) satisfaction that the lumber is of U.S. origin. • Softwood lumber products contained in single family home packages or kits,1 regardless of tariff classification, are excluded from the scope of the orders if the following criteria are 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, subfloor, sheathing, beams, posts, connectors and if included in 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) The whole package must be imported under a single consolidated entry when permitted by CBP, whether or not on a single or multiple trucks, rail cars or other vehicles, which shall be on the same day except when the home is over 2,000 square feet; (E) The following documentation must be included with the entry documents: • a copy of the appropriate home design, plan, or blueprint matching the entry; • a purchase contract from a retailer of home kits or packages signed by a customer not affiliated with the importer; • a listing of inventory of all parts of the package or kit being entered that conforms to the home design package being entered; • in the case of multiple shipments on the same contract, all items listed immediately above which are included in the present shipment shall be identified as well. We have determined that the excluded products listed above are outside the 1 To ensure administrability, we clarified the language of this exclusion 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. VerDate jul<14>2003 17:52 May 24, 2005 Jkt 205001 scope of this order provided the specified conditions are met. 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 4418.90.40.90, 4421.90.70.40, and 4421.90.98.40. Due to changes in the 2002 HTSUS whereby subheading 4418.90.40.90 and 4421.90.98.40 were changed to 4418.90.45.90 and 4421.90.97.40, respectively, we are adding these subheadings as well. In addition, this scope language has been further clarified to now specify that all softwood lumber products entered from Canada claiming non– subject status based on U.S. country of origin will be treated as non–subject U.S.-origin merchandise under the antidumping and countervailing duty orders, provided that these softwood lumber products meet the following condition: upon entry, the importer, exporter, Canadian processor and/or original U.S. producer establish to CBP’s satisfaction that the softwood lumber entered and documented as U.S.-origin softwood lumber was first produced in the United States as a lumber product satisfying the physical parameters of the softwood lumber scope.2 The presumption of non–subject status can, however, be rebutted by evidence demonstrating that the merchandise was substantially transformed in Canada. Final Results of Changed Circumstances Review Based on the information provided by the Abitibi Group and the fact that the Department did not receive any comments during the comment period following the preliminary results of this review, the Department hereby determines that entries of certain softwood lumber products produced and exported by PFS shall receive the Abitibi’s cash deposit rate of 3.12 percent. PFS’s new deposit rate will become effective upon publication of this notice in the Federal Register. Instructions to the U.S. Customs and Border Protection The Department will instruct the U.S. Customs and Border Protection (CBP) to apply the Abitibi Group’s cash deposit rate of 3.12 percent to all shipments of the subject merchandise produced and 2 See the scope clarification message (3034202), dated February 3, 2003, to CBP, regarding treatment of U.S.-origin lumber on file in the Central Records Unit, Room B-099 of the main Commerce Building. PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 exported by PFS entered, or withdrawn from warehouse, for consumption, on or after the publication date of this notice. This deposit rate shall remain in effect until publication of the final results of the next administrative review in which Abitibi Group participates. This notice also serves as a reminder to parties subject to administrative protective orders (APOs) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.306. Timely written notification of the return/destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a sanctionable violation. This notice is in accordance with sections 751(b) and 777(i)(1) of the Act, and section 351.221(c)(3)(i) of the Department’s regulations. Dated: May 18, 2005. Joseph A. Spetrini, Acting Assistant Secretary for Import Administration. [FR Doc. E5–2655 Filed 5–24–05; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration A–565–801 Stainless Steel Butt–Weld Pipe Fittings from the Philippines: Amended Final Determination of Sales at Less Than Fair Value Pursuant to Court Remand Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On March 23, 2005, the United States Court of International Trade (CIT) affirmed the Department of Commerce’s (the Department’s) redetermination on remand of the final determination of sales at less than fair value on stainless steel butt–weld pipe fittings from the Philippines. See Tung Fong Industrial Co., Inc. v. United States, Court No. 01–0070, Slip Op. 05– 39 (CIT March 23, 2005) (Tung Fong II). The Department is now issuing this amended final determination reflecting the CIT’s decision. EFFECTIVE DATE: May 25, 2005. FOR FURTHER INFORMATION CONTACT: Fred Baker at (202) 482–2924 or Robert James at (202) 482–0649, AD/CVD Operations, Office 7, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230. AGENCY: E:\FR\FM\25MYN1.SGM 25MYN1

Agencies

[Federal Register Volume 70, Number 100 (Wednesday, May 25, 2005)]
[Notices]
[Pages 30084-30086]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-2655]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-122-838]


Notice of Final Results of Antidumping Duty Changed Circumstances 
Review: Certain Softwood Lumber Products from Canada

AGENCY: AGENCY: Import Administration, International Trade 
Administration, Department of Commerce.
SUMMARY: The Department has determined that entries of certain

[[Page 30085]]

softwood lumber products produced and exported by Produits Forestiers 
Saguenay Inc., shall be subject to the Abitibi Group cash deposit rate 
of 3.12 percent as of the date of publication of this notice in the 
Federal Register.

EFFECTIVE DATE: May 25, 2005.

FOR FURTHER INFORMATION CONTACT: Constance Handley or Saliha Loucif, 
AD/CVD Enforcement, Office 1, Import Administration, International 
Trade Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
0631 or (202) 482-1779, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On July 29, 2004, in accordance with section 751(b)(1) of the 
Tariff Act of 1930 (the Act) and 19 CFR 351.216(b) (2004), the Abitibi 
Group and Produits Forestiers Saguenay (PFS), both Canadian producers 
of softwood lumber products and interested parties in this proceeding, 
filed a request for a changed circumstances review. The Abitibi Group 
is composed of Abitibi-Consolidated Inc. (ACI), Abitibi Consolidated 
Company of Canada (ACCC), Produits Forestiers Petit Paris Inc. (PFPP), 
and Societe en Commandite Scierie Opitciwan (Opitciwan).
    In response to this request, the Department of Commerce (the 
Department) initiated a changed circumstances review of the antidumping 
duty order on certain softwood lumber from Canada. See Initiation of 
Antidumping Duty Changed Circumstances Review: Certain Softwood 
Products from Canada, 69 FR 53681 (September 2, 2004) (Initiation 
Notice). On October 18, 2004, the Department issued to the Abitibi 
Group a questionnaire requesting further details on PFS' affiliation 
with the Abitibi Group. The Abitibi Group's response was received by 
the Department on November 18, 2004. The petitioner, the Coalition of 
Fair Lumber Imports Executive Commission, did not file comments with 
respect to the request.
    On March 30, 2005, the Department published the preliminary results 
of this changed circumstances review and preliminarily determined that 
entries naming PFS as manufacturer and exporter should receive the 
Abitibi's cash deposit rate of 3.12 percent. See Certain Softwood 
Lumber Products From Canada: Notice of Preliminary Results of 
Antidumping Duty Changed Circumstances Review, 70 FR 16219 (March 30, 
2005) (Preliminary Results). In the Preliminary Results, we stated that 
interested parties could request a hearing or submit case briefs and/or 
written comments to the Department no later than 20 days after 
publication of the Preliminary Results notice in the Federal Register, 
and submit rebuttal briefs, limited to the issues raised in those case 
briefs, seven days subsequent to the case briefs due date. We did not 
receive any hearing requests or comments on the Preliminary Results.

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 headings 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 under 
investigation is dispositive. Preliminary scope exclusions and 
clarifications were published in three separate Federal Register 
notices.
    Softwood lumber products excluded from the scope:
     trusses and truss kits, properly classified under HTSUS 
4418.90
     I-joist beams
     assembled box spring frames
     pallets and pallet kits, properly classified under HTSUS 
4415.20
     garage doors
     edge-glued wood, properly classified under HTSUS 
4421.90.97.40 (formerly HTSUS 4421.90.98.40).
     properly classified complete door frames.
     properly classified complete window frames
     properly classified furniture
    Softwood lumber products excluded from the scope only if they meet 
certain requirements:
     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 4421.90.97.40 (formerly HTSUS 4421.90.98.40).
     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.
     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.
     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 [frac3s4] inch or more.
     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

[[Page 30086]]

board, and sanding, and 2) if the importer establishes to U.S. Customs 
and Border Protection's (CBP) satisfaction that the lumber is of U.S. 
origin.
     Softwood lumber products contained in single family home 
packages or kits,\1\ regardless of tariff classification, are excluded 
from the scope of the orders if the following criteria are met:
---------------------------------------------------------------------------

    \1\ To ensure administrability, we clarified the language of 
this exclusion 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, subfloor, sheathing, 
beams, posts, connectors and if included in 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) The whole package must be imported under a single consolidated 
entry when permitted by CBP, whether or not on a single or multiple 
trucks, rail cars or other vehicles, which shall be on the same day 
except when the home is over 2,000 square feet;
    (E) The following documentation must be included with the entry 
documents:
     a copy of the appropriate home design, plan, or blueprint 
matching the entry;
     a purchase contract from a retailer of home kits or 
packages signed by a customer not affiliated with the importer;
     a listing of inventory of all parts of the package or kit 
being entered that conforms to the home design package being entered;
     in the case of multiple shipments on the same contract, 
all items listed immediately above which are included in the present 
shipment shall be identified as well.
We have determined that the excluded products listed above are outside 
the scope of this order provided the specified conditions are met. 
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 4418.90.40.90, 4421.90.70.40, 
and 4421.90.98.40. Due to changes in the 2002 HTSUS whereby subheading 
4418.90.40.90 and 4421.90.98.40 were changed to 4418.90.45.90 and 
4421.90.97.40, respectively, we are adding these subheadings as well.
    In addition, this scope language has been further clarified to now 
specify that all softwood lumber products entered from Canada claiming 
non-subject status based on U.S. country of origin will be treated as 
non-subject U.S.-origin merchandise under the antidumping and 
countervailing duty orders, provided that these softwood lumber 
products meet the following condition: upon entry, the importer, 
exporter, Canadian processor and/or original U.S. producer establish to 
CBP's satisfaction that the softwood lumber entered and documented as 
U.S.-origin softwood lumber was first produced in the United States as 
a lumber product satisfying the physical parameters of the softwood 
lumber scope.\2\ The presumption of non-subject status can, however, be 
rebutted by evidence demonstrating that the merchandise was 
substantially transformed in Canada.
---------------------------------------------------------------------------

    \2\ See the scope clarification message (3034202), dated 
February 3, 2003, to CBP, regarding treatment of U.S.-origin lumber 
on file in the Central Records Unit, Room B-099 of the main Commerce 
Building.
---------------------------------------------------------------------------

Final Results of Changed Circumstances Review

    Based on the information provided by the Abitibi Group and the fact 
that the Department did not receive any comments during the comment 
period following the preliminary results of this review, the Department 
hereby determines that entries of certain softwood lumber products 
produced and exported by PFS shall receive the Abitibi's cash deposit 
rate of 3.12 percent. PFS's new deposit rate will become effective upon 
publication of this notice in the Federal Register.

Instructions to the U.S. Customs and Border Protection

    The Department will instruct the U.S. Customs and Border Protection 
(CBP) to apply the Abitibi Group's cash deposit rate of 3.12 percent to 
all shipments of the subject merchandise produced and exported by PFS 
entered, or withdrawn from warehouse, for consumption, on or after the 
publication date of this notice. This deposit rate shall remain in 
effect until publication of the final results of the next 
administrative review in which Abitibi Group participates.
    This notice also serves as a reminder to parties subject to 
administrative protective orders (APOs) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.306. Timely written notification of 
the return/destruction of APO materials or conversion to judicial 
protective order is hereby requested. Failure to comply with the 
regulations and terms of an APO is a sanctionable violation.
    This notice is in accordance with sections 751(b) and 777(i)(1) of 
the Act, and section 351.221(c)(3)(i) of the Department's regulations.

    Dated: May 18, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. E5-2655 Filed 5-24-05; 8:45 am]
BILLING CODE 3510-DS-S
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