Notice of Final Results of Antidumping Duty Changed Circumstances Review: Certain Softwood Lumber Products from Canada, 35630-35632 [E5-3212]
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35630
Federal Register / Vol. 70, No. 118 / Tuesday, June 21, 2005 / Notices
Initiation of Antidumping
Investigations
Based upon our examination of the
Petitions on diamond sawblades and
parts thereof from the PRC and Korea,
we find that these Petitions meet the
requirements of section 732 of the Act.
Therefore, we are initiating
antidumping duty investigations to
determine whether imports of diamond
sawblades from the PRC and Korea are
being, or are likely to be, sold in the
United States at less than fair value.
Unless postponed, we will make our
preliminary determinations no later
than 140 days after the date of these
initiations.
Distribution of Copies of the Petition
In accordance with section
732(b)(3)(A) of the Act, a copy of the
public version of the Petition has been
provided to the Government of the PRC
and the Government of Korea.
International Trade Commission
Notification
We have notified the International
Trade Commission (‘‘ITC’’) of our
initiations, as required by section 732(d)
of the Act.
Preliminary Determination by the ITC
The ITC will preliminarily determine,
within 25 days after the date on which
it receives notice of these initiations,
whether there is a reasonable indication
that imports of diamond sawblades and
parts thereof from China and Korea are
causing material injury, or threatening
to cause material injury, to a U.S.
industry. See section 733(a)(2) of the
Act. A negative ITC determination will
result in the investigations being
terminated; otherwise, these
investigations will proceed according to
statutory and regulatory time limits.
This notice is issued and published
pursuant to section 777(i) of the Act.
Dated: June 13, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import
Administration.
[FR Doc. E5–3209 Filed 6–20–05; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–001]
Continuation of Antidumping Duty
Order; Potassium Permanganate from
the People’s Republic of China
Import Administration,
International Trade Administration,
Department of Commerce.
AGENCY:
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SUMMARY: As a result of the
determinations by the Department of
Commerce (‘‘the Department’’) and the
International Trade Commission (‘‘ITC’’)
that revocation of the antidumping duty
order on potassium permanganate from
the People’s Republic of China
(‘‘China’’) would likely lead to
continuation or recurrence of dumping,
and material injury to an industry in the
United States, the Department is
publishing notice of the continuation of
this antidumping duty order.
EFFECTIVE DATE: June 21, 2005.
FOR FURTHER INFORMATION CONTACT:
Martha V. Douthit or Dana Mermelstein,
AD/CVD Operations, Office 6, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW, Washington, DC 20230;
telephone: (202) 482–5050 or (202) 482–
1391, respectively.
SUPPLEMENTARY INFORMATION:
Background
On October 1, 2004, the Department
initiated and the ITC instituted a sunset
review of the antidumping duty order
on potassium permanganate from China,
pursuant to section 751(c) of the Tariff
Act of 1930, as amended (‘‘the Act’’).1
As a result of its review, the Department
found that revocation of the
antidumping duty order would likely
lead to continuation or recurrence of
dumping and notified the ITC of the
magnitude of the margins likely to
prevail were the order to be revoked.2
On June 2, 2005, the ITC determined,
pursuant to section 751(c) of the Act,
that revocation of the antidumping duty
order on potassium permanganate from
China would likely lead to continuation
or recurrence of material injury to an
industry in the United States within a
reasonably foreseeable time.3
Scope of the Order
Imports covered by this antidumping
duty order are shipments of potassium
permanganate, an inorganic chemical
produced in free–flowing, technical,
and pharmaceutical grades. Potassium
permanganate is currently classifiable
under item 2841.61.00 of the
Harmonized Tariff Schedule (HTS). The
HTS item number is provided for
convenience and customs purposes;
1 See Initiation of Five-year (‘‘Sunset’’) Reviews,
69 FR 58890 (October 1, 2004), and ITC
Investigation No.731-TA-125 (Second Review), 69
FR 58955 (October 1, 2004).
2 See Potassium Permanganate from the People’s
Republic of China; Five Year (‘‘Sunset’’) Review of
Antidumping Duty Order: Final Results, 70 FR
24520 (May 10, 2005).
3 See Investigation No. 731-TA-125 (Second
Review), 70 FR 32372 (June 2, 2005).
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however, the written description
remains dispositive.
Determination
As a result of the determinations by
the Department and the ITC that
revocation of this antidumping duty
order would likely lead to continuation
or recurrence of dumping and material
injury to an industry in the United
States, pursuant to section 751(d)(2) of
the Act, the Department hereby orders
the continuation of the antidumping
duty order on potassium permanganate
from China.
U.S. Customs and Border Protection
will continue to collect antidumping
duty deposits at the rates in effect at the
time of entry for all imports of subject
merchandise. The effective date of
continuation of this order will be the
date of publication in the Federal
Register of this Notice of Continuation.
Pursuant to section 751(c)(2) and
751(c)(6)(A) of the Act, the Department
intends to initiate the next five-year
review of this order not later than May
2010.
This five-year (sunset) review and
notice are in accordance with section
751(c) of the Act.
Dated: June 9, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import
Administration.
[FR Doc. E5–3210 Filed 6–20–05; 8:45 am]
BILLING CODE 3510–DS–S
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
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) has determined,
pursuant to section 751(b) of the Tariff
Act of 1930, as amended (the Act), that
Winton Global Lumber Ltd. (Winton
Global) is the successor–in-interest to
The Pas Lumber Company Ltd. (The
Pas) and, as a result, should be accorded
the same treatment previously accorded
to The Pas in regard to the antidumping
order on certain softwood lumber
products from Canada as of the date of
publication of this notice in the Federal
Register.
EFFECTIVE DATE: June 21, 2005.
FOR FURTHER INFORMATION CONTACT:
Daniel O’Brien or David Neubacher, at
AGENCY:
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Federal Register / Vol. 70, No. 118 / Tuesday, June 21, 2005 / Notices
(202) 482–1376 or (202) 482–5823,
respectively; AD/CVD Operations,
Office 1, Import Administration,
International Trade Administration,
U.S. Department of Commerce, 14th
Street & Constitution Avenue, NW,
Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
On April 21, 2005, Winton Global
requested that the Department initiate
and conduct an expedited changed
circumstances review, in accordance
with section 751(b) of the Act and
sections 351.216(b) and 351.221(c)(3)
(2003) of the Department’s regulations,
to confirm that Winton Global is the
successor–in-interest to The Pas. On
May 9, 2005, the Department initiated
this review and simultaneously issued
its preliminary results that Winton
Global is the successor–in-interest to
The Pas and should receive The Pas’
cash deposit rate of 1.83 percent. See
Notice of Initiation and Preliminary
Results of Antidumping Duty Changed
Circumstances Review Antidumping
Duty Administrative Review: Certain
Softwood Lumber Products from
Canada, 70 FR 25812 (May 16, 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 due date of the
case briefs. 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
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Jkt 205001
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 review is
dispositive.
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.
PO 00000
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35631
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 3/4 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
board, and sanding; and 2) if the
importer establishes to U.S.
Customs and Border Protections’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 this order 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
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. We also instructed importers to
retain and make available for inspection specific
documentation in support of each entry.
E:\FR\FM\21JNN1.SGM
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Federal Register / Vol. 70, No. 118 / Tuesday, June 21, 2005 / Notices
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
countervailing duty order, 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
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22:07 Jun 20, 2005
Jkt 205001
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
Winton Global, 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 Winton Global is the
successor–in-interest to The Pas for
antidumping duty cash deposit
purposes.
Instructions to the U.S. Customs and
Border Protection
The Department will instruct CBP to
suspend liquidation of all shipments of
the subject merchandise produced and
exported by Winton Global entered, or
withdrawn from warehouse, for
consumption, on or after the publication
date of this notice at 1.83 percent (i.e.
The Pas’ cash deposit rate). This deposit
rate shall remain in effect until
publication of the final results of the
ongoing administrative review, in which
Winton Global/The Pas is participating.
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 351.216(e) of the
Department’s regulations.
Dated: June 15, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import
Administration.
[FR Doc. E5–3212 Filed 6–20–05; 8:45 am]
BILLING CODE: 3510–DS–S
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.
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–122–838]
Initiation of Antidumping Duty
Changed Circumstances Review:
Certain Softwood Lumber Products
from Canada
Import Administration,
International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: June 21, 2005.
SUMMARY: In accordance with section
751(b)(1) of the Tariff Act of 1930, as
amended (the Act), and 19 CFR
351.216(b) (2003), the Coalition for Fair
Lumber Imports (the Coalition), a
domestic interested party, filed a
request for a changed circumstances
review of the antidumping duty order
on certain softwood lumber products
from Canada, as described below. In
response to this request, the Department
of Commerce (the Department) is
initiating the requested review.
FOR FURTHER INFORMATION CONTACT:
Shane Subler or Constance Handley, at
(202) 482–0189 or (202) 482–0631,
respectively; AD/CVD Operations,
Office 1, Import Administration,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW,
Washington, DC 20230.
SUPPLEMENTARY INFORMATION: As a result
of the first administrative review of the
antidumping duty order on certain
softwood lumber products from Canada,
imports of softwood lumber from West
Fraser Mills Ltd. (West Fraser) and
Weldwood of Canada Limited
(Weldwood) received company–specific
cash–deposit rates (see Notice of
Amended Final Results of Antidumping
Duty Administrative Review: Certain
Softwood Lumber Products from
Canada, 70 FR 3358 (January 24, 2005)).
Both companies are participating as
separate companies in the ongoing
second administrative review of this
order, which covers the period May 1,
2003, through April 30, 2004. The
Coalition has provided the Department
with information indicating that as of
January 1, 2005, Weldwood was
amalgamated with West Fraser and
ceased to exist as a separate corporate
entity. As a result, the Coalition is
requesting that the Department initiate a
changed circumstances review to
establish a new cash–deposit rate for the
merged entity.
AGENCY:
SCOPE OF THE ORDER:
The products covered by this order
are softwood lumber, flooring and
E:\FR\FM\21JNN1.SGM
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]]>Agencies
[Federal Register Volume 70, Number 118 (Tuesday, June 21, 2005)]
[Notices]
[Pages 35630-35632]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-3212]
-----------------------------------------------------------------------
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: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) has determined,
pursuant to section 751(b) of the Tariff Act of 1930, as amended (the
Act), that Winton Global Lumber Ltd. (Winton Global) is the successor-
in-interest to The Pas Lumber Company Ltd. (The Pas) and, as a result,
should be accorded the same treatment previously accorded to The Pas in
regard to the antidumping order on certain softwood lumber products
from Canada as of the date of publication of this notice in the Federal
Register.
EFFECTIVE DATE: June 21, 2005.
FOR FURTHER INFORMATION CONTACT: Daniel O'Brien or David Neubacher, at
[[Page 35631]]
(202) 482-1376 or (202) 482-5823, respectively; AD/CVD Operations,
Office 1, Import Administration, International Trade Administration,
U.S. Department of Commerce, 14th Street & Constitution Avenue, NW,
Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
On April 21, 2005, Winton Global requested that the Department
initiate and conduct an expedited changed circumstances review, in
accordance with section 751(b) of the Act and sections 351.216(b) and
351.221(c)(3) (2003) of the Department's regulations, to confirm that
Winton Global is the successor-in-interest to The Pas. On May 9, 2005,
the Department initiated this review and simultaneously issued its
preliminary results that Winton Global is the successor-in-interest to
The Pas and should receive The Pas' cash deposit rate of 1.83 percent.
See Notice of Initiation and Preliminary Results of Antidumping Duty
Changed Circumstances Review Antidumping Duty Administrative Review:
Certain Softwood Lumber Products from Canada, 70 FR 25812 (May 16,
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 due date of the case briefs. 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
review is dispositive.
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 3/4 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
board, and sanding; and 2) if the importer establishes to U.S. Customs
and Border Protections'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 this order 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. We also instructed
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
[[Page 35632]]
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 countervailing duty
order, 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.
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\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.
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Final Results of Changed Circumstances Review
Based on the information provided by Winton Global, 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 Winton Global is the successor-in-interest to
The Pas for antidumping duty cash deposit purposes.
Instructions to the U.S. Customs and Border Protection
The Department will instruct CBP to suspend liquidation of all
shipments of the subject merchandise produced and exported by Winton
Global entered, or withdrawn from warehouse, for consumption, on or
after the publication date of this notice at 1.83 percent (i.e. The
Pas' cash deposit rate). This deposit rate shall remain in effect until
publication of the final results of the ongoing administrative review,
in which Winton Global/The Pas is participating.
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 351.216(e) of the Department's regulations.
Dated: June 15, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. E5-3212 Filed 6-20-05; 8:45 am]
BILLING CODE: 3510-DS-S
