Notice of Final Results of Antidumping Duty Administrative Review: Certain Softwood Lumber Products From Canada, 73437-73444 [05-23932]
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Federal Register / Vol. 70, No. 237 / Monday, December 12, 2005 / Notices
Cash Deposit Rates
The following antidumping duty
deposits will be required on all
shipments of PSF from Korea entered, or
withdrawn from warehouse, for
consumption, effective on or after the
publication date of the final results of
this administrative review, as provided
by section 751(a)(1) of the Act: (1) the
cash deposit rates for the reviewed
company will be the rate listed above
(except no cash deposit will be required
if a company’s weighted-average margin
is de minimis, i.e., less than 0.5
percent); (2) for previously reviewed or
investigated companies not listed above,
the cash deposit rate will continue to be
the company-specific rate published for
the most recent period; (3) if the
exporter is not a firm covered in this
review, the previous review, or the
original investigation, but the
manufacturer is, the cash deposit rate
will be the rate established for the most
recent period for the manufacturer of
the merchandise; and (4) if neither the
exporter nor the manufacturer is a firm
covered in this or any previous reviews,
the cash deposit rate will be 7.91
percent, the ‘‘all others’’ rate established
in Certain Polyester Staple Fiber from
the Republic of Korea: Notice of
Amended Final Determination and
Amended Order Pursuant to Final Court
Decision, 68 FR 74552 (December 24,
2003). These cash deposit requirements
shall remain in effect until publication
of the final results of the next
administrative review.
Notification to Importers
This notice serves as a final reminder
to importers of their responsibility
under 19 CFR 351.402(f)(2) to file a
certificate regarding the reimbursement
of antidumping duties prior to
liquidation of the relevant entries
during this review period. Failure to
comply with this requirement could
result in the Secretary’s presumption
that reimbursement of antidumping
duties occurred and the subsequent
assessment of doubled antidumping
duties.
Notification Regarding Administrative
Protective Orders
This notice also serves as a reminder
to parties subject to administrative
protective orders (‘‘APOs’’) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305, which continues
to govern business proprietary
information in this segment of the
proceeding. Timely written notification
of the return/destruction of APO
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materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulations
and terms of an APO is a violation
which is subject to sanction.
We are issuing and publishing these
results and this notice in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act.
Dated: December 5, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import
Administration.
APPENDIX I
List of Comments in the Decision
Memorandum
Comment 1: Huvis’s Specialty Products
Comment 2: Antidumping Duty
Reimbursement
Comment 3: Credit Period Recalculation
Comment 4: SG&A Expense Ratio
Calculations
Comment 5: Interest Earned on Deposits
[FR Doc. 05–23924 Filed 12–9–05; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
[A–122–838]
Notice of Final Results of Antidumping
Duty Administrative Review: Certain
Softwood Lumber Products From
Canada
Import Administration,
International Trade Administration,
Department of Commerce
EFFECTIVE DATE: December 12, 2005.
FOR FURTHER INFORMATION CONTACT:
Constance Handley or Salim
Bhabhrawala, at (202) 482–0631 or (202)
482–1784, respectively; AD/CVD
Operations, Office 1, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street & Constitution
Avenue, NW., Washington, DC 20230.
SUMMARY: On June 7, 2005, the
Department of Commerce (the
Department) published the preliminary
results of its second administrative
review of the antidumping duty order
on certain softwood lumber from
Canada. The review covers the
following producers of subject
merchandise: Abitibi-Consolidated Inc.
(Abitibi), Buchanan Lumber Sales, Inc.
(Buchanan), Canfor Corporation
(Canfor), Tembec Inc. (Tembec), Tolko
Industries, Inc. (Tolko), Weldwood of
Canada Limited (Weldwood), West
Fraser Mills Ltd. (West Fraser), and
Weyerhaeuser Company
AGENCY:
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73437
(Weyerhaeuser). In addition, based on
the preliminary results for these
respondents selected for individual
review, we have also determined a
weighted-average margin for those
companies that requested, but were not
selected for, individual review. The
period of review (POR) is May 1, 2003,
through April 30, 2004. We have noted
the changes made since the preliminary
results below in the ‘‘Changes Since the
Preliminary Results’’ section. The final
results are listed below in the ‘‘Final
Results of Review’’ section.
SUPPLEMENTARY INFORMATION:
Background
On June 7, 2005, the Department
published in the Federal Register the
preliminary results of the second
administrative review of the
antidumping duty order on certain
softwood lumber from Canada. See
Notice of Preliminary Results of
Antidumping Duty Administrative
Review and Partial Resission: Certain
Softwood Lumber from Canada, 70 FR
33063 (June 7, 2005) (Preliminary
Results).
We invited parties to comment on the
Preliminary Results. On July 25, 2005,
we received case briefs from the abovementioned respondents, the Coalition
for Fair Lumber Imports Executive
Committee (the petitioner), and other
interested parties.1 The parties
submitted rebuttal briefs on August 8,
2005. A public hearing was requested
and held on September 7, 2005.
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 Case briefs were also received from the British
Columbia Lumber Trade Council, the Ontario Forest
Industries Association, the Quebec Lumber
Manufacturers Association, the Independent
Lumber Remanufacturers Association, Leggett &
Platt Ltd., Lignum Forest Products, Ltd., Millar
Western Forest Products, Ltd., Riverside Forest
Products, Ltd., TFL Forest Ltd., Central Cedar Ltd.,
Commonwealth Plywood Company, Ltd., Fontaine
Inc., Olav Haavaldsrud Inc., Produits Forestiers P.
Proulux Inc., Carrier Forest Products Ltd., Carrier
Lumber Ltd., Cheslatta Forest Products Ltd.,
Galloway Lumber Co. Ltd., Pope & Talbot Inc.,
Sigurdson Bros. Logging Company Ltd., Stuart Lake
Lumber Co. Ltd., Stuart Lake Marketing
Corporation, Teal-Jones Group, Terminal Forest
Products Ltd., West Chilcotin Forest Products Ltd.,
Wynndel Box & Lumber Co. Ltd., and the Maritimes
Lumber Bureau and the Maritime Companies.
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(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 fingerjointed;
(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
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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) the importer establishes to U.S.
Customs and Border Protection’s (CBP)
satisfaction that the lumber is of U.S.
origin.2
• Softwood lumber products
contained in single family home
packages or kits,3 regardless of tariff
classification, are excluded from the
scope of the orders if the following
criteria are met:
1. 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;
2. 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;
2 For further clarification pertaining to this
exclusion, see the additional language concluding
the scope description below.
3 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.
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3. 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;
4. 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;
5. 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 nonsubject 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
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satisfying the physical parameters of the
softwood lumber scope.4 The
presumption of non-subject status can,
however, be rebutted by evidence
demonstrating that the merchandise was
substantially transformed in Canada.
Analysis of Comments Received
The issues raised in the case briefs by
parties to this administrative review are
addressed in the Issues and Decision
Memorandum from Stephen J. Claeys,
Deputy Assistant Secretary, to Joseph A.
Spetrini, Acting Assistant Secretary for
Import Administration, (Decision
Memorandum), dated December 5, 2005,
which is hereby adopted by this notice.
A list of the issues addressed in the
Decision Memorandum is appended to
this notice. The Decision Memorandum
is on file in the Central Records Unit in
Room B–099 of the main Commerce
building, and can also be accessed
directly on the Web at https://
www.ia.ita.doc.gov/frn. The paper copy
and electronic version of the Decision
Memorandum are identical in content.
Changes Since the Preliminary Results
Based on our findings at verification,
and analysis of comments received, we
have made adjustments to the
preliminary results calculation
methodologies in calculating the final
dumping margins in these proceedings.
Brief descriptions of the companyspecific changes are discussed below.
Abitibi
For the final results, we revised
Abitibi’s general and administrative
expenses (G&A) to exclude legal fees
associated with the AD/CVD
proceedings and the fees associated
with settlement negotiations. In
addition, we have revised Abitibi’s BC
wood chip price and have ensured that
the revised total cost of manufacturing
is incorporated into the margin
calculation. We have also added
Produits Forestiers Saguenay Inc. (PFS)
to the Abitibi Group and to all
instructions to CBP.
Buchanan
The Department used the incorrect
database in the calculation of
Buchanan’s cost of production in the
preliminary margin calculation.
Therefore, for the final results, we have
used Buchanan’s most up-to-date cost
file on the record.
4 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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Canfor
We have corrected clerical errors
identified by parties in Canfor’s
preliminary margin calculations as
follows: (1) We have revised an
aberrational entered value for one of
Canfor’s sales during the POR; (2) we
have revised packing expenses to
eliminate the double-counting of
packing expenses associated with cost
of manufacturing and made a packing
cost correction as noted at verification
for Slocan; (3) we have revised the profit
rates for subperiod 1 and subperiod 2 of
the POR; (4) we have revised the
treatment of inventory carrying
expenses denominated in U.S. dollars,
in the comparison market programs, as
they relate to the sales-below-cost test;
(5) we have revised the treatment of
certain Canadian rebates to correctly
reflect an expense in the comparison
market program and; (6) we have treated
Slocan’s futures profits as revenue and
used them to offset indirect selling
expenses (including inventory carrying
cost) incurred in the United States,
capped by the amount of those
expenses. In addition, we revised
Canfor’s G&A expenses to exclude legal
fees associated with the AD/CVD
proceedings. We have adjusted Canfor’s
reported total cost of manufacturing to
account for purchases of logs from
affiliated parties at non-arm’s length
prices. For the Lakeland entity, we
included other income items in G&A
expenses, which Canfor did not
appropriately report in the G&A
expenses. In addition, we excluded
sundry income from Lakeland’s
financial expenses, as we included the
appropriate portion of that income in
Lakeland’s G&A expenses. For the
Canfor entity, we added back an
investment item to the reported G&A
expenses. We also moved certain loan
expenses from G&A expenses and
included them in financial expenses.
For the Slocan entity, we deducted AD/
CVD fees which were erroneously
included in the G&A expenses.
Tembec
We adjusted the total by-product
revenue for certain mills as well as the
variable wood cost for certain mills. We
corrected clerical errors identified by
parties and the Department in Tembec’s
preliminary margin calculations as
follows: (1) We recalculated Tembec’s
domestic indirect selling expenses for
U.S. random-length sales; (2) we
adjusted Tembec’s U.S. indirect and
domestic indirect selling expenses using
the appropriate mill codes; (3) we
corrected our calculation of freight
revenue, which we had incorrectly
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73439
converted to U.S. dollars; (4) we
recalculated Tembec’s U.S. direct
selling expenses to include U.S. market
advertising expenses; (5) we
recalculated Tembec’s variable cost of
manufacturing to include Tembec’s
byproduct offset amounts, the
company’s purchase costs for green
rough lumber, and the company’s
purchase costs for dry rough lumber; (6)
we corrected an error in the
recalculation of U.S. credit expenses; we
noted that the fee for loading lumber
onto trucks and rail cars had been
erroneously double-counted in both
movement and indirect selling
expenses, we revised the program to
correctly include this loading expense
(in both U.S. and Canadian dollars) only
in movement expenses; (7) we
incorporated the variable for freight
revenue in Canadians dollars into U.S.
movement expenses; (8) we used
Tembec’s U.S. commission fields as
reported (this field had erroneously
been set to zero in the Preliminary
Results).
Finally, we have included Tembec
Industries Inc., Spruce Falls Inc. Marks
Lumber Ltd., Produits Forestiers Temrex
Limited Partnership, and Les Industries
Davidson Inc. in the Tembec Group and
in all instructions to CBP.
Tolko
For the final results, we used Tolko’s
reported G&A expenses which excludes
legal fees associated with the AD/CVD
proceedings which had been added to
G&A expenses in the Preliminary
Results.
In addition, we corrected three
clerical errors found by parties in
Tolko’s preliminary margin calculation
as follows: (1) We recalculated Tolko’s
credit expense for sales with price
adjustments using payment and
shipment fields correctly converted to
SAS format; (2) we included Tolko’s
reported warranty expenses in direct
selling expenses for CEP sales and; (3)
we included Tolko’s switching and
diversion charges incurred in the U.S.
market in Tolko’s U.S. movement
expenses.
Weldwood
For the Preliminary Results, the
Department included an outdated
program in the sequence of programs
used to calculate the cost of production.
For the final results, we incorporated
the most recent cost file for Weldwood
into the calculation.
West Fraser
We have recalculated West Fraser’s
G&A expenses to exclude association
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fees paid by West Fraser to the British
Columbia Lumber Trade Counsel.
Weyerhaeuser
We have recalculated the entered
value of all Weyerhaeuser sales
imported by unaffiliated parties based
on our determination that the submitted
entered values for these sales were
incorrect. We used the recalculated
entered values in the de minimis test
and the calculation of review-specific
average assessment rate. In addition, we
removed sales made under temporary
import bond from the margin
calculation. In the Preliminary Results,
we adjusted Weyerhaeuser’s by-product
offset. For the final results using the byproduct offset amounts submitted by
Weyerhaeuser. Finally, we recalculated
Weyerhaeuser’s G&A expenses for the
final results as follows: (1) We excluded
association dues associated with the
AD/CVD proceedings; (2) we included
Weyerhaeuser’s gain on the sale of
minor timberlands, which had been
excluded in the Preliminary Results, as
an offset; (3) for our denominator in the
G&A ratio calculation (cost of sales), we
included research and development
costs, which had been excluded in the
Preliminary Results; and (4) we
corrected a ministerial error in our
calculation of the G&A expenses where
integration costs were inadvertently
double-counted in the Preliminary
Results.
requested. Therefore, the Department
has determined a review-specific
weighted-average margin for those
companies that requested, but were not
selected for, individual review. The
review-specific average rate for these
companies can be found in the final
results below. This is distinguished
from the ‘‘All Others’’ 5 rate, which is
the weighted-average margin calculated
in the investigation and which
continues to apply to all exporters and
producers which have not participated
in a review.
Review-Specific Average Rate
Due to the number of mandatory
selected respondents, and complex
circumstances unique to this review, the
Department was not able to review all
companies for which a review was
Final Results of Review
As a result of our review, we
determine that the following weightedaverage margins exist for the period of
May 1, 2003, through April 30, 2004:
Weightedaverage margin
(percentage)
Producer
Abitibi (and its affiliates Produits Forestiers Petit Paris Inc.,Produits Forestiers La Tuque Inc., Produits Forestiers Sagenay Inc.
and Societe En Commandite Scierie Opticiwan) .............................................................................................................................
Buchanan (and its affiliates Atikokan Forest Products Ltd.,Long Lake Forest Products Inc., Nakina Forest Products Limited,6
Buchanan Distribution Inc., Buchanan Forest Products Ltd.,Great West Timber Ltd., Dubreuil Forest Products Ltd.,Northern
Sawmills Inc., McKenzie Forest Products Inc.,Buchanan Northern Hardwoods Inc., Northern Wood, and Solid Wood Products
Inc.) ..................................................................................................................................................................................................
Canfor 7 (and its affiliates Canfor Wood Products Marketing Ltd., Canadian Forest Products, Ltd., Bois Daaquam Inc. /
Daaquam Lumber Inc., Lakeland Mills Ltd., The Pas Lumber Company Ltd. / Winton Sales, Howe Sound Pulp and Paper
Limited Partnership, Winton Global Lumber Ltd., and Skeena Cellulose) ......................................................................................
Tembec.(and its affiliates Marks Lumber Ltd., Excel Forest Products, Les Industries Davidson Inc., Produits Forestiers Temrex
Limited Partnership, Tembec Industries Inc., Spruce Falls Inc.) .....................................................................................................
Tolko.(and its affiliates Gilbert Smith Forest Products Ltd., Compwood Products Ltd., and Pinnacle Wood Products Ltd. ) ...........
Weldwood ............................................................................................................................................................................................
West Fraser.(and its affiliates West Fraser Forest Products Inc. and Seehta Forest Products Ltd.) ................................................
Weyerhaeuser (and its affiliate Weyerhaeuser Saskatchewan Ltd.) ..................................................................................................
2.52
2.86
1.36
4.02
3.09
0.61
0.51
4.43
Review-Specific Average Rate
Applicable to the Following
Companies 8
2 by 4 Lumber Sales Ltd.
605666 BC Ltd.
9027–7971 Quebec Inc. (Scierie Marcel
Dumont)
9098–5573 Quebec Inc. (K.C.B.
International)
A. L. Stuckless & Sons Limited
AJ Forest Products Ltd.
Alexandre Cote Ltee.
Allmac Lumber Sales Ltd.
Allmar International
Alpa Lumber Mills Inc.
American Bayridge Corporation
Apex Forest Products, Inc.
Apollo Forest Products Limited
Aquila Cedar Products Ltd.
Arbutus Manufacturing Limited
Ardew Wood Products, Ltd.
Armand Duhamel & Fils Inc.
Ashley Colter (1961) Limited
Aspen Planers Ltd.
Atco Lumber
Atlantic Pressure Treating Ltd.
Atlantic Warehousing Limited/Atlantic
Warehousing Ltd.
Atlas Lumber (Alberta) Ltd.
AWL Forest Products
B & L Forest Products Ltd.
Bakerview Forest Products Inc.
Bardeaux et Cedres St-Honore Inc.
(Bardeaux et Cedres)
Barrett Lumber Company/Barrett
Lumber Company Limited
5 See Notice of Determination Under Section 129
of the Uruguay Round Agreements Act:
Antidumping Measures on Certain Softwood
Lumber Products from Canada, 70 FR 22636 (May
2, 2005).
6 We note that Nakina Forest Products Limited is
a division of Long Lake Forest Products, Inc., an
affiliate of Buchanan Lumber Sales.
7 Canfor’s weighted-average margin is based upon
a weighted-average of Canfor’s and Slocan’s
respective cash deposit rates prior to the merger.
See Memorandum from Salim Bhabhrawala,
International Trade Compliance Analyst to The
File, Re: Analysis Memorandum For Canfor
Corporation (December 5, 2005). We also note that,
during the POR, Sinclar Enterprises Ltd. (Sinclar)
acted as an affiliated reseller for Lakeland, an
affiliate of Canfor. In this review, we reviewed the
sales of Canfor and its affiliates; therefore, Canfor’s
weighted-average margin applies to all sales of
subject merchandise produced by any member of
the Canfor Group and sold by Sinclar. As Sinclar
also separately requested a review, any sales of
subject merchandise produced by another
manufacturer and sold by Sinclar will receive the
‘‘Review-Specific Average’’ rate. Finally, we note
that Canadian Forest Products, Ltd. is a wholly
owned subsidiary of Canfor and will receive
Canfor’s weighted-average margin.
8 In the Preliminary Results, we listed companies
on the review-specific rate list that did not request
a review or have a review requested on them for the
current review. Therefore, we have removed the
following companies from the review specific-rate
list for the final results: AFA Forest Products Inc.,
Associated Cedar Products, Ivis Wood Products,
Lazy S Lumber, Mary’s River Lumber, New West
Lumber Ltd., Quadra Wood Products Ltd., Schols
Cedar Products, Standard Building Products Ltd.,
Still Creek Forest Products Ltd., Taiga Forest
Products, Western Cleanwood Preservers Ltd., and
Western Wood Preservers Ltd. All of the above
companies participated in the 1st Administrative
Review and will continue to receive the reviewspecific average rate (3.78%) from that review.
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Barrette-Chapais Ltee.
Barry Maedel Woods & Timber
Bathurst Lumber (Division of UPMKymmene Miramichi Inc.)
Beaubois Coaticook Inc.
Blackville Lumber (Division of UPMKymmene Miramichi Inc.)
Blanchette et Blanchette Inc.
Bloomfield Lumber Limited
Bois Cobodex (1995) Inc.
Bois De L’Est F.B. Inc.
Bois Granval G.D.S. Inc.
Bois Kheops Inc.
Bois Marsoui G.D.S. Inc.
Bois Neos Inc.
Bois Nor Que Wood Inc.
Boisaco Inc.
Boscus Canada Inc.
Boucher Forest Products Ltd.
Bowater Canadian Forest Products Inc.
Bowater Incorporated
Bridgeside Forest Industries, Ltd.
Bridgeside Higa Forest Industries Ltd.
Brittainia Lumber Company Limited
Brouwer Excavating Ltd.
Brunswick Valley Lumber/Brunswick
Valley Lumber Inc.
Buchanan Lumber
Busque & Laflamme Inc.
BW Creative Wood
Byrnexco Inc.
C. E. Harrison & Son Ltd./C. E. Harrison
& Son Limited
Caledon Log Homes (FEWO)
Caledonia Forest Products Ltd.
Cambie Cedar Products Ltd.
Canadian Lumber Company Ltd.
Cando Contracting Ltd.
Canex International Lumber Sales Ltd.
CanWel Building Materials Ltd.
CanWel Distribution Ltd.
Canyon Lumber Company Ltd.
Cape Cod Wood Siding Inc.
Cardinal Lumber Manufacturing & Sales
Inc.
Careau Bois Inc.
Carrier & Begin Inc
Carrier Forest Products Ltd.
Carrier Lumber Ltd.
Carson Lake Lumber
Cattermole Timber
CDS Lumber Products
Cedarland Forest Products Ltd.
Cedrico Lumber Inc. (Bois d’Oeuvre
Cedrico Inc.)
Central Cedar Ltd.
Centurion Lumber Manufacturing (1983)
Ltd.
Chaleur Sawmills
Chasyn Wood Technologies Inc.
Cheminis Lumber Inc.
Cheslatta Forest Products Ltd.
Chisholm’s (Roslin) Ltd.
Choicewood Products Inc.
City Lumber Sales and Services Limited
Clair Industrial Dev. Corp. Ltd./Clair
Industrial Development Corp. Ltd.
Clermond Hamel Ltee.
Coast Clear Wood Ltd.
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Colonial Fence Mfg. Ltd.
Columbia Mills Ltd.
Comeau Lumber Limited
Commonwealth Plywood Company Ltd.
dba Bois Clo-Val (formerly Bois CloVal Inc.), and Les Enterprises Atlas
(formerly Les Enterprises Atlas (1985)
Inc.)
Cooper Creek Cedar Ltd.
Cottles Island Lumber Co. Ltd.
Cowichan Lumber Ltd.
Crystal Forest Industries Ltd.
Curley Cedar Post & Rail
Cushman Lumber Company Inc.
D. S. McFall Holdings Ltd.
Dakeryn Industries Ltd.
Deep Cove Lumber
Delco Forest Products/Delco Forest
Products Ltd.
Delta Cedar Products
Devlin Timber Company (1992) Limited
Devon Lumber Co. Ltd.
Doman Forest Products Limited
Doman Industries Limited
Doman Western Lumber Ltd.
Domexport Inc.
Domtar Inc.
Downie Timber Ltd.
Dunkley Lumber Ltd.
E. Tremblay Et. Fils Ltee.
Eacan Timber Canada Ltd.
Eacan Timber Limited/Eacan Timber
Ltd.
Eacan Timber USA Ltd.
East Fraser Fiber Co. Ltd.
Eastwood Forest Products Inc.
Ed Bobocel Lumber 1993 Ltd.
Edwin Blaikie Lumber Ltd.
Elmira Wood Products Limited
Elmsdale Lumber Company Ltd./
Elmsdale Lumber Co., Ltd.
ER Probyn Export Ltd.
Errington Cedar Products
Evergreen Empire Mills Incorporated
EW Marketing
F.L. Bodogh Lumber Co. Ltd.
Falcon Lumber Limited
Faulkner Wood Specialties Limited
Federated Co-operatives Limited
Fenclo Ltee
Finmac Lumber Limited
Fontaine Inc. (dba J. A. Fontaine et fils
Incorporee), Bois Fontaine Inc.,
Gestion Natanis Inc., and Les
Placements Jean-Paul Fontaine Ltee.9
Forex Log & Lumber
Forstex Industries Inc.
Forwest Wood Specialties Inc.
Fraser Pacific Forest Products Inc.
Fraser Pacific Lumber Company
Fraser Papers Inc.
Fraser Pulp Chips Ltd.
Frasierview Cedar Products Ltd.
9 In the Preliminary Results, we incorrectly listed
Les Placements Jean-Paul Fontaine Ltee., as Paul
Fontaine Ltee., and also as Les Placements JeanPaul Fontaine Ltee. To correct this error we have
removed Paul Fontaine Ltee., from the reviewspecific average rate list.
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Frontier Mills Inc.
G.D.S. Valoribois Inc.
Galloway Lumber Co. Ltd.
Gerard Crete & Fils Inc.
Gestofor Inc.
Gogama Forest Products
Goldwood Industries Ltd.
Gorman Bros. Lumber Ltd.
Great Lakes MSR Lumber Ltd.
Greenwood Forest Products
Groupe Lebel
H. A. Fawcett & Son Limited
H. J. Crabbe & Sons Ltd.
Haida Forest Products Ltd.
Hainesville Sawmill Ltd.
Harrison’s Home Building Centers
Harry Freeman & Son Ltd./Harry
Freeman & Son Limited
Hefler Forest Products Ltd.
Hi-Knoll Cedar Inc.
Hilmoe Forest Products Ltd.
Hoeg Brothers Lumber Ltd.
Holdright Lumber Products Ltd.
Hudson Mitchell & Sons Lumber Inc.
Hughes Lumber Specialties Inc.
Hyak Specialty Wood Products Ltd.
Industrial Wood Specialties
Industries G.D.S. Inc.
Industries Perron Inc.
Interior Joinery Ltd.
International Forest Products Ltd.
Isidore Roy Limited
Ivor Forest Products Ltd.
J & G Logworks
J. A. Turner & Sons (1987) Limited
J.D. Irving, Ltd.
J.S. Jones Timber Ltd.
Jackpine Engineered Wood Products
Jackpine Forest Products Ltd.
Jackpine Group of Companies
Jamestown Lumber Company Limited/
Jamestown Lumber Company Ltd.
Jasco Forest Products Ltd.
Jeffery Hanson
Julimar Lumber Co. Limited
Kenora Forest Products Ltd.
Kent Trusses Ltd.
Kenwood Lumber Ltd.
Kispiox Forest Products
Kitwanga Lumber Co. Ltd.
Kruger, Inc.
La Crete Sawmills Ltd.
Lakeburn Lumber Limited
Lamco Forest Products
Landmark Structural Lumber
Landmark Truss & Lumber Inc.
Langely Timber Company Ltd.
Langevin Forest Products, Inc.
Lattes Waska Laths Inc.
Lawsons Lumber Company Ltd.
Lecours Lumber Co. Limited
Ledwidge Lumber Co., Ltd.
Leggett & Platt (B.C.) Ltd.
Leggett & Platt Inc.
Leggett & Platt Ltd.
Les Bois d’Oeuvre Beaudoin & Gauthier
Inc.
Les Bois S &P Grondin Inc.
Les Chantiers Chibougamau Ltee
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Les Produits Forestiers D. G. Ltee.
Les Produits Forestiers Dube Inc.
Les Produits Forestiers F.B.M. Inc.
Les Produits Forestiers Maxibois Inc.
Les Produits Forestiers Miradas Inc.
(Miradas Forest Products Inc.)
Les Scieries Du Lac St-Jean Inc.
Les Scieries Jocelyn Lavoie Inc.
Leslie Forest Products Ltd.
Lignum Ltd.
Lindsay Lumber Ltd.
Liskeard Lumber Limited
Littles Lumber Ltd.
Lonestar Lumber Inc.
Louisiana Pacific Corporation
Lousiana Malakwa
LP Canada Ltd.
LP Engineered Wood Products Ltd.
Lulumco Inc.
Lyle Forest Products Ltd.
M & G Higgins Lumber Ltd.
M. L. Wilkins & Son Ltd.
MacTara Limited
Maibec Industries Inc. (Industries
Maibec Inc.)
Manitou Forest Products Ltd.
Maple Creek Saw Mills Inc.
Marcel Lauzon Inc.
Marine Way
Marwood Inc.
Marwood Ltd.
Materiaux Blanchet Inc.
Max Meilleur et Fils Ltee.
McCorquindale Holdings Ltd.
McNutt Lumber Company Ltd.
Mercury Manufacturing Inc.
Meunier Lumber Company Ltd.
MF Bernard Inc.
Mid America Lumber
Mid Valley Lumber Specialties Ltd.
Midway Lumber Mills Ltd.
Mill & Timber Products Ltd.
Millar Western Forest Products Ltd.
Millco Wood Products Ltd.
Miramichi Lumber Products
Mobilier Rustique (Beauce) Inc.
Monterra Lumber Mills Limited
Mountain View Specialty Reload Inc.
Murray A Reeves Forestry Limited
Murray Bros. Lumber Company Limited
N. F. Douglas Lumber Limited/N. F.
Douglas Lumber Ltd.
Nechako Lumber Co., Ltd.
Newcastle Lumber Co. Inc.
New West Lumber
Nexfor Inc.
Nexfor Norbord
Nicholson and Cates Limited
Nickel Lake Lumber
Norbord Industries Inc.
Norbord Juniper and Norbord’s
sawmills at La Sarre Senneterre
Quebec
NorSask Forest Products Inc.
North American Forest Products/North
American Forest Products Ltd.
North American Forest Products Ltd.
(Division Belanger)
North Atlantic Lumber Inc.
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North Enderby Distribution Ltd. (N.E.
Distribution)
North Enderby Timber Ltd.
North Mitchell Lumber Co. Ltd., Saran
Cedar
North Shore Timber Ltd.
North Star Wholesale Lumber Ltd.
Northchip Ltd.
Northland Forest Products Ltd.
Olav Haavaldsrud Timber Company
Limited
Olympic Industries Inc.
Optibois Inc.
P.A. Lumber & Planning Limited
Pacific Lumber Company
Pacific Lumber Remanufacturing Inc.
Pacific Northern Rail Contractors Corp.
Pacific Specialty Wood Products Ltd.
(formerly Clearwood Industries Ltd.)
Pacific Wood Specialties
Pallan Timber Products Ltd.
Palliser Lumber Sales Ltd.
Pan West Wood Products Ltd.
Paragon Ventures Ltd. (Vernon Kiln and
Millwork, Ltd. and 582912 BC, Ltd.)
Parallel Wood Products Ltd.
Pastway Planing Limited
Pat Power Forest Products Corporation
Patrick Lumber Company
Paul Vallee Inc.
Peak Forest Products Ltd.
Pharlap Forest Products Inc.
Pheonix Forest Products Inc.
Pleasant Valley Remanufacturing Ltd.
Pope & Talbot Inc./Pope & Talbot Ltd.
Porcupine Wood Products Ltd.
Portbec Forest Products Ltd. (Les
Produits Forestiers Portbec Ltee.)
Portelance Lumber Capreol Ltd.
Power Wood Corp.
Precibois Inc.
Preparabois (2003) Inc.
Prime Lumber Limited
Pro Lumber Inc.
P. Proulx Forest Products Inc. (aka
Proulx, Proulx Forest Products Inc.
and Produits Forestiers P. Proulx Inc.)
Promobois G.D.S. Inc.
R. Fryer Forest Products Limited
Raintree Forest Products Inc.
Raintree Lumber Specialties Ltd.
Ramco Lumber Ltd.
Redtree Cedar Products Ltd.
Redwood Value Added Products Inc.
Rembos Inc.
Rene Bernard Inc.
Ridgewood Forest Products Ltd./
Ridgewood Forest Products Limited
Rielly Industrial Lumber Inc.
Riverside Forest Products Limited
Rocam Lumber Inc. (Bois Rocam Inc.)
Rojac Cedar Products Inc.
Rojac Enterprises Inc.
Roland Boulanger & Cie Ltee
Russell White Lumber Limited
Sauder Moldings, Inc. (Ferndale)
Sauder Industries Limited
Scierie A&M St-Pierre Inc.
Scierie Adrien Arseneault Ltee
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Scierie Alexandre Lemay & Fils Inc.
Scierie Chaleur/Scierie Chaleur
Associes
Scierie Dion et Fils Inc.
Scierie Gallichan Inc.
Scierie Gauthier Ltee.
Scierie La Patrie, Inc.
Scierie Landrienne Inc.
Scierie Lapointe & Roy Ltee.
Scierie Leduc, Division of Stadacona
Inc.
Scierie Nord-Sud Inc. (North-South
Sawmill Inc.)
Scierie P.S.E. Inc.
Scierie St. Elzear Inc.
Scierie Tech Inc.
Scieries du Lac St. Jean Inc.
Selkirk Specialty Wood Ltd.
Sexton Lumber/Sexton Lumber Co.
Limited
Seycove Forest Products Limited
Seymour Creek Cedar Products Ltd.
Shawood Lumber Inc.
Sigurdson Bros. Logging Company Ltd./
Sigurdson Brothers Logging Company
Ltd.
Silvermere Forest Products Inc.
Sinclar Enterprises Ltd.*
South Beach Trading Inc.
South River Planing Mills Inc.
South-East Forest Products Ltd.
Spray Lake Sawmills (1980) Ltd.
Spruce Forest Products Ltd.
Spruce Products Ltd.
St. Anthony Lathing Ltd.
Stag Timber
Stuart Lake Lumber Co. Ltd.
Stuart Lake Marketing Inc./Stuart Lake
Marketing Corporation
Sunbury Cedar Sales Ltd.
Suncoast Lumber & Milling
Sundance Forest Industries
SWP Industries Inc.
Sylvanex Lumber Products Inc.
Taiga Forest Products
Tall Tree Lumber Company
Tarpin Lumber Incorporated
Taylor Lumber Company Ltd.
Teal Cedar Products Ltd.
Teal-Jones Group
Teeda Corp
Terminal Forest Products Ltd.
T.F. Specialty Sawmill
TFL Forest Ltd./TimberWest Forest
Corp. / Timber West Forest Company
Timber Ridge Forest Products
TimberWorld Forest Products Inc.
T’loh Forest Products Limited
Top Quality Lumber Ltd.
T. P. Downey & Sons Ltd.
Treeline Wood Products Ltd.
Triad Forest Products
Twin Rivers Cedar Products Ltd.
Tyee Timber Products Ltd.
Uneeda Wood Products
Uniforet Inc.
Uniforet Scierie-Pate
Vancouver Specialty Cedar Products/
Vancouver Specialty Cedar Products
Ltd.
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Vanderhoof Specialty Wood Products
Vandermeer Forest Products (Canada)
Ltd.
Vanderwell Contractors (1971) Ltd.
Vanport Canada, Co.
Vernon Kiln and Millwork, Ltd.
Visscher Lumber Inc.
W. C. Edwards Lumber (formerly The
W.C. Edwards Co. Ltd.)
W. I. Woodtone Industries Inc.
Welco Lumber Corporation
Wentworth Lumber Ltd.
Werenham Forest Products
West Bay Forest Products &
Manufacturing Ltd./West Bay Forest
Products and Manufacturing Ltd./
West Bay Forest Products & Mfg. Ltd.
West Can Rail Ltd.
West Chilcotin Forest Products Ltd.
West Hastings Lumber Products
Weston Forest Corp.
West-Wood Industries/West-Wood
Industries Ltd.
White Spruce Forest Products Ltd.
Wilfrid Paquet & Fils Ltee
Wilkerson Forest Products Ltd.
Williams Brothers Limited/Williams
Brothers Ltd.
Winnipeg Forest Products, Inc.
Woodko Enterprises, Ltd.
Woodland Forest Products Ltd.
Woodline Forest Products Ltd.
Woodtone Industries Inc.
Woodwise Lumber Ltd.
Wynndel Box & Lumber Co. Ltd.
Zelensky Bros. Forest Products—2.11%
Assessment
The Department will determine, and
CBP shall assess, antidumping duties on
all appropriate entries, pursuant to 19
CFR 351.212(b). The Department
calculated importer-specific duty
assessment rates on the basis of the ratio
of the total amount of antidumping
duties calculated for the examined sales
to the total entered value of the
examined sales for that importer. Where
the assessment rate is above de minimis,
we will instruct CBP to assess duties on
all entries of subject merchandise by
that importer. For the companies
requesting a review, but not selected for
examination and calculation of
individual rates, we will calculate a
weighted-average assessment rate based
on all importer-specific assessment rates
excluding any which are de minimis or
margins determined entirely on adverse
facts available. Furthermore, the
Department has calculated a unique
importer-specific duty assessment rate
for all producers/exporters of Maritimes
Province origin lumber, which takes
into account the exclusion of products
from the Maritimes from the companion
countervailing duty order.10 The
10 See
Decision Memorandum at Comment 2.
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Department will issue appropriate
assessment instructions directly to CBP
not before the 41st day after the date of
publication of these final results of
review.
Cash Deposits
Furthermore, the following deposit
requirements will be effective upon
publication of the final results of this
administrative review for all shipments
of certain softwood lumber products
from Canada entered, or withdrawn
from warehouse, for consumption on or
after the publication date of these final
results, as provided by section 751(a) of
the Tariff Act of 1930 (the Act), as
amended: (1) For companies covered by
this review, the cash deposit rate will be
the rate listed above; (2) for previously
reviewed or investigated companies not
listed above, the cash deposit rate will
continue to be the company-specific rate
published for the most recent period; (3)
if the exporter is not a firm covered in
this review, a prior review, or the
original less-than-fair-value
investigation, but the producer is, the
cash deposit rate will be the rate
established for the most recent period
for the manufacturer of the
merchandise; and (4) the cash deposit
rate for all other producers or exporters
will be 11.54 percent, the ‘‘All Others’’
rate calculated in the Department’s
recent determination under section 129
of the Uruguay Round Agreement Act.
See Notice of Determination Under
Section 129 of the Uruguay Round
Agreements Act: Antidumping Measures
on Certain Softwood Lumber Products
from Canada, 70 FR 22636 (May 2,
2005). These deposit requirements shall
remain in effect until publication of the
final results of the next administrative
review.
This notice also serves as a final
reminder to importers of their
responsibility under 19 CFR 351.402(f)
to file a certificate regarding the
reimbursement of antidumping duties
prior to liquidation of the relevant
entries during this review period.
Failure to comply with this requirement
could result in the Secretary’s
presumption that reimbursement of
antidumping duties occurred, and in the
subsequent assessment of double
antidumping duties.
This notice also is the only reminder
to parties subject to administrative
protective order (APO) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305. Timely written
notification of the return/destruction of
APO materials or conversion to judicial
protective order is hereby requested.
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Failure to comply with the regulations
and the terms of an APO is a
sanctionable violation.
We are issuing and publishing these
results and notice in accordance with
sections 751(a)(1) and 777(i)(1) of the
Act.
Dated: December 5, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import
Administration.
I. General Issues
Comment 1: Treatment of Sales Made on
a Random-Lengths Basis.
Comment 2: Assessment Rate for
Companies in the Maritimes.
Comment 3: Treatment of Non-Dumped
Sales.
Comment 4: Review Should Be
Terminated Because of the NAFTA
ITC Decision.
Comment 5: Treatment of
Countervailing Duties and Other Duty
Deposits.
Comment 6: Use of Length-Specific
Prices.
Comment 7: Name Changes.
Comment 8: Gains and Losses on the
Closure and Sale or Disposal of a
Production Facility.
Comment 9: Exchange Rate Gains and
Losses.
Comment 10: Value-Based Cost
Methodology.
Comment 11: Antidumping (AD) and
Countervailing Duty (CVD) Defense
Fees in General and Administrative
(G&A) Expenses.
Comment 12: Wood Chips Byproduct
Revenue.
II. Company-Specific Issues
Issues Specific to Abitibi
Comment 13: Specify that the Abitibi
Group Deposit Rate in This Review
Also Extends to Produits Forestiers
Saguenay Inc.
Comment 14: Clerical Error Allegation
Specific to Abitibi.
Issues Specific to Buchanan
Comment 15: Freight Expense
Allocation Methodology.
Comment 16: Buchanan’s Draft
Liquidation Instructions.
Comment 17: Clerical Error Allegation
Specific to Buchanan.
Issues Specific to Canfor
Comment 18: Deposit Rate for Canfor.
Comment 19: Additional Company
Names As Importers of Record.
Comment 20: Canfor’s Cost
Reconciliation.
Comment 21: Canfor’s G&A Offsets.
Comment 22: Inclusion of Purchase
Costs for Commingled Lumber.
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Issues Specific to West Fraser
steel sheet and strip in coils from
Mexico See Stainless Steel Sheet and
Strip in Coils from Mexico; Preliminary
Results of Antidumping Duty
Administrative Review, 70 FR 45675
(August 8, 2005) (Preliminary Results).
This review covers one manufacturer/
exporter, ThyssenKrupp Mexinox S.A.
de C.V. (Mexinox), of the subject
merchandise to the United States during
the period July 1, 2003 to June 30, 2004.
Based on our analysis of the comments
received, we have made changes in the
margin calculation; therefore, the final
results differ from the preliminary
results. The final weighted-average
dumping margin for the reviewed firm
is listed below in the section entitled
‘‘Final Results of Review.’’
EFFECTIVE DATE: December 12, 2005.
FOR FURTHER INFORMATION CONTACT:
Angela Strom, Maryanne Burke or
Robert James, AD/CVD Operations,
Office VII, Import Administration,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue, NW.,
Washington, DC 20230; telephone: (202)
482–2704, (202) 482–5604 and (202)
482–0649 respectively.
SUPPLEMENTARY INFORMATION:
Comment 36: Order is Not Valid for
West Fraser and Should be Revoked.
Background
Comment 23: Logging Services from
Affiliates.
Comment 24: Lakeland’s G&A Offsets.
Comment 25: Lakeland’s Interest
Income.
Comment 26: Clerical Error Allegations
Specific to Canfor.
Issues Specific to Tembec
Comment 27: Names of Tembec
Companies.
Comment 28: Byproduct Offset
Adjustment Factor.
Comment 29: Adjustment of Variable
Wood Costs.
Comment 30: G&A Expense Rate—
Consolidated vs. Producer.
Comment 31: Clerical Error Allegations
Specific to Tembec.
Issues Specific to Tolko
Comment 32: Log Purchases from
Affiliated Parties.
Comment 33: Clerical Error Allegations
Specific to Tolko.
Issues Specific to Weldwood
Comment 34: Allocation of Wood Costs.
Comment 35: Clerical Error Allegation
Specific to Weldwood.
International Trade Administration
On August 8, 2005, the Department
published in the Federal Register the
preliminary results of the administrative
review of the antidumping duty order
on stainless steel sheet and strip in coils
from Mexico for the period July 1, 2003
to June 30, 2004. See Preliminary
Results. In response to the Department’s
invitation to comment on the
preliminary results of this review,
Mexinox and Allegheny Ludlum
Corporation, North American Stainless,
United Auto Workers Local 3303,
Zanesville Armco Independent
Organization, Inc. and the United
Steelworkers of America, AFL–CIO/CLC
(collectively, petitioners) filed their case
briefs on September 7, 2005. Mexinox
and petitioners submitted their rebuttal
briefs on September 14, 2005.
[A–201–822]
Period of Review
Stainless Steel Sheet and Strip in Coils
from Mexico; Final Results of
Antidumping Duty Administrative
Review
The period of review (POR) is July 1,
2003, to June 30, 2004.
Issues Specific to Weyerhaeuser
Comment 37: Level of Trade for
Weyerhaeuser’s VMI sales.
Comment 38: Assessment for
Weyerhaeuser’s Unaffiliated
Importers of Record.
Comment 39: Log Cost Allocation for
British Columbia Coastal Operations.
Comment 40: Calculation of Various
G&A Expenses.
Comment 41: Clerical Error Allegations
Specific to Weyerhaeuser.
[FR Doc. 05–23932 Filed 12–9–05; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On August 8, 2005, the
Department of Commerce (the
Department) published the preliminary
results of the administrative review of
the antidumping duty order on stainless
AGENCY:
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17:51 Dec 09, 2005
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Scope of the Order
For purposes of this administrative
review, the products covered are certain
stainless steel sheet and strip in coils.
Stainless steel is an alloy steel
containing, by weight, 1.2 percent or
less of carbon and 10.5 percent or more
of chromium, with or without other
elements. The subject sheet and strip is
a flat-rolled product in coils that is
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greater than 9.5 mm in width and less
than 4.75 mm in thickness, and that is
annealed or otherwise heat treated and
pickled or otherwise descaled. The
subject sheet and strip may also be
further processed (e.g., cold-rolled,
polished, aluminized, coated, etc.)
provided that it maintains the specific
dimensions of sheet and strip following
such processing. The merchandise
subject to this order is currently
classifiable in the Harmonized Tariff
Schedule of the United States (HTSUS)
at subheadings: 7219.13.0031,
7219.13.0051, 7219.13.0071,
7219.1300.81, 7219.14.0030,
7219.14.0065, 7219.14.0090,
7219.32.0005, 7219.32.0020,
7219.32.0025, 7219.32.0035,
7219.32.0036, 7219.32.0038,
7219.32.0042, 7219.32.0044,
7219.33.0005, 7219.33.0020,
7219.33.0025, 7219.33.0035,
7219.33.0036, 7219.33.0038,
7219.33.0042, 7219.33.0044,
7219.34.0005, 7219.34.0020,
7219.34.0025, 7219.34.0030,
7219.34.0035, 7219.35.0005,
7219.35.0015, 7219.35.0030,
7219.35.0035, 7219.90.0010,
7219.90.0020, 7219.90.0025,
7219.90.0060, 7219.90.0080,
7220.12.1000, 7220.12.5000,
7220.20.1010, 7220.20.1015,
7220.20.1060, 7220.20.1080,
7220.20.6005, 7220.20.6010,
7220.20.6015, 7220.20.6060,
7220.20.6080, 7220.20.7005,
7220.20.7010, 7220.20.7015,
7220.20.7060, 7220.20.7080,
7220.20.8000, 7220.20.9030,
7220.20.9060, 7220.90.0010,
7220.90.0015, 7220.90.0060, and
7220.90.0080. Although the HTSUS
subheadings are provided for
convenience and customs purposes, the
Department’s written description of the
merchandise under review is
dispositive.
Excluded from the review of this
order are the following: (1) sheet and
strip that is not annealed or otherwise
heat treated and pickled or otherwise
descaled, (2) sheet and strip that is cut
to length, (3) plate (i.e., flat-rolled
stainless steel products of a thickness of
4.75 mm or more), (4) flat wire (i.e.,
cold-rolled sections, with a prepared
edge, rectangular in shape, of a width of
not more than 9.5 mm), and (5) razor
blade steel. Razor blade steel is a flatrolled product of stainless steel, not
further worked than cold-rolled (coldreduced), in coils, of a width of not
more than 23 mm and a thickness of
0.266 mm or less, containing, by weight,
12.5 to 14.5 percent chromium, and
certified at the time of entry to be used
E:\FR\FM\12DEN1.SGM
12DEN1
Agencies
[Federal Register Volume 70, Number 237 (Monday, December 12, 2005)]
[Notices]
[Pages 73437-73444]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-23932]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-122-838]
Notice of Final Results of Antidumping Duty Administrative
Review: Certain Softwood Lumber Products From Canada
AGENCY: Import Administration, International Trade Administration,
Department of Commerce
EFFECTIVE DATE: December 12, 2005.
FOR FURTHER INFORMATION CONTACT: Constance Handley or Salim
Bhabhrawala, at (202) 482-0631 or (202) 482-1784, respectively; AD/CVD
Operations, Office 1, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street & Constitution
Avenue, NW., Washington, DC 20230.
SUMMARY: On June 7, 2005, the Department of Commerce (the Department)
published the preliminary results of its second administrative review
of the antidumping duty order on certain softwood lumber from Canada.
The review covers the following producers of subject merchandise:
Abitibi-Consolidated Inc. (Abitibi), Buchanan Lumber Sales, Inc.
(Buchanan), Canfor Corporation (Canfor), Tembec Inc. (Tembec), Tolko
Industries, Inc. (Tolko), Weldwood of Canada Limited (Weldwood), West
Fraser Mills Ltd. (West Fraser), and Weyerhaeuser Company
(Weyerhaeuser). In addition, based on the preliminary results for these
respondents selected for individual review, we have also determined a
weighted-average margin for those companies that requested, but were
not selected for, individual review. The period of review (POR) is May
1, 2003, through April 30, 2004. We have noted the changes made since
the preliminary results below in the ``Changes Since the Preliminary
Results'' section. The final results are listed below in the ``Final
Results of Review'' section.
SUPPLEMENTARY INFORMATION:
Background
On June 7, 2005, the Department published in the Federal Register
the preliminary results of the second administrative review of the
antidumping duty order on certain softwood lumber from Canada. See
Notice of Preliminary Results of Antidumping Duty Administrative Review
and Partial Resission: Certain Softwood Lumber from Canada, 70 FR 33063
(June 7, 2005) (Preliminary Results).
We invited parties to comment on the Preliminary Results. On July
25, 2005, we received case briefs from the above-mentioned respondents,
the Coalition for Fair Lumber Imports Executive Committee (the
petitioner), and other interested parties.\1\ The parties submitted
rebuttal briefs on August 8, 2005. A public hearing was requested and
held on September 7, 2005.
---------------------------------------------------------------------------
\1\ Case briefs were also received from the British Columbia
Lumber Trade Council, the Ontario Forest Industries Association, the
Quebec Lumber Manufacturers Association, the Independent Lumber
Remanufacturers Association, Leggett & Platt Ltd., Lignum Forest
Products, Ltd., Millar Western Forest Products, Ltd., Riverside
Forest Products, Ltd., TFL Forest Ltd., Central Cedar Ltd.,
Commonwealth Plywood Company, Ltd., Fontaine Inc., Olav Haavaldsrud
Inc., Produits Forestiers P. Proulux Inc., Carrier Forest Products
Ltd., Carrier Lumber Ltd., Cheslatta Forest Products Ltd., Galloway
Lumber Co. Ltd., Pope & Talbot Inc., Sigurdson Bros. Logging Company
Ltd., Stuart Lake Lumber Co. Ltd., Stuart Lake Marketing
Corporation, Teal-Jones Group, Terminal Forest Products Ltd., West
Chilcotin Forest Products Ltd., Wynndel Box & Lumber Co. Ltd., and
the Maritimes Lumber Bureau and the Maritime Companies.
---------------------------------------------------------------------------
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:
[[Page 73438]]
(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 \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) the importer establishes to U.S. Customs and
Border Protection's (CBP) satisfaction that the lumber is of U.S.
origin.\2\
---------------------------------------------------------------------------
\2\ For further clarification pertaining to this exclusion, see
the additional language concluding the scope description below.
---------------------------------------------------------------------------
Softwood lumber products contained in single family home
packages or kits,\3\ regardless of tariff classification, are excluded
from the scope of the orders if the following criteria are met:
---------------------------------------------------------------------------
\3\ 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.
---------------------------------------------------------------------------
1. 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;
2. 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;
3. 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;
4. 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;
5. 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
[[Page 73439]]
satisfying the physical parameters of the softwood lumber scope.\4\ The
presumption of non-subject status can, however, be rebutted by evidence
demonstrating that the merchandise was substantially transformed in
Canada.
---------------------------------------------------------------------------
\4\ 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.
---------------------------------------------------------------------------
Analysis of Comments Received
The issues raised in the case briefs by parties to this
administrative review are addressed in the Issues and Decision
Memorandum from Stephen J. Claeys, Deputy Assistant Secretary, to
Joseph A. Spetrini, Acting Assistant Secretary for Import
Administration, (Decision Memorandum), dated December 5, 2005, which is
hereby adopted by this notice. A list of the issues addressed in the
Decision Memorandum is appended to this notice. The Decision Memorandum
is on file in the Central Records Unit in Room B-099 of the main
Commerce building, and can also be accessed directly on the Web at
https://www.ia.ita.doc.gov/frn. The paper copy and electronic version of
the Decision Memorandum are identical in content.
Changes Since the Preliminary Results
Based on our findings at verification, and analysis of comments
received, we have made adjustments to the preliminary results
calculation methodologies in calculating the final dumping margins in
these proceedings. Brief descriptions of the company-specific changes
are discussed below.
Abitibi
For the final results, we revised Abitibi's general and
administrative expenses (G&A) to exclude legal fees associated with the
AD/CVD proceedings and the fees associated with settlement
negotiations. In addition, we have revised Abitibi's BC wood chip price
and have ensured that the revised total cost of manufacturing is
incorporated into the margin calculation. We have also added Produits
Forestiers Saguenay Inc. (PFS) to the Abitibi Group and to all
instructions to CBP.
Buchanan
The Department used the incorrect database in the calculation of
Buchanan's cost of production in the preliminary margin calculation.
Therefore, for the final results, we have used Buchanan's most up-to-
date cost file on the record.
Canfor
We have corrected clerical errors identified by parties in Canfor's
preliminary margin calculations as follows: (1) We have revised an
aberrational entered value for one of Canfor's sales during the POR;
(2) we have revised packing expenses to eliminate the double-counting
of packing expenses associated with cost of manufacturing and made a
packing cost correction as noted at verification for Slocan; (3) we
have revised the profit rates for subperiod 1 and subperiod 2 of the
POR; (4) we have revised the treatment of inventory carrying expenses
denominated in U.S. dollars, in the comparison market programs, as they
relate to the sales-below-cost test; (5) we have revised the treatment
of certain Canadian rebates to correctly reflect an expense in the
comparison market program and; (6) we have treated Slocan's futures
profits as revenue and used them to offset indirect selling expenses
(including inventory carrying cost) incurred in the United States,
capped by the amount of those expenses. In addition, we revised
Canfor's G&A expenses to exclude legal fees associated with the AD/CVD
proceedings. We have adjusted Canfor's reported total cost of
manufacturing to account for purchases of logs from affiliated parties
at non-arm's length prices. For the Lakeland entity, we included other
income items in G&A expenses, which Canfor did not appropriately report
in the G&A expenses. In addition, we excluded sundry income from
Lakeland's financial expenses, as we included the appropriate portion
of that income in Lakeland's G&A expenses. For the Canfor entity, we
added back an investment item to the reported G&A expenses. We also
moved certain loan expenses from G&A expenses and included them in
financial expenses. For the Slocan entity, we deducted AD/CVD fees
which were erroneously included in the G&A expenses.
Tembec
We adjusted the total by-product revenue for certain mills as well
as the variable wood cost for certain mills. We corrected clerical
errors identified by parties and the Department in Tembec's preliminary
margin calculations as follows: (1) We recalculated Tembec's domestic
indirect selling expenses for U.S. random-length sales; (2) we adjusted
Tembec's U.S. indirect and domestic indirect selling expenses using the
appropriate mill codes; (3) we corrected our calculation of freight
revenue, which we had incorrectly converted to U.S. dollars; (4) we
recalculated Tembec's U.S. direct selling expenses to include U.S.
market advertising expenses; (5) we recalculated Tembec's variable cost
of manufacturing to include Tembec's byproduct offset amounts, the
company's purchase costs for green rough lumber, and the company's
purchase costs for dry rough lumber; (6) we corrected an error in the
recalculation of U.S. credit expenses; we noted that the fee for
loading lumber onto trucks and rail cars had been erroneously double-
counted in both movement and indirect selling expenses, we revised the
program to correctly include this loading expense (in both U.S. and
Canadian dollars) only in movement expenses; (7) we incorporated the
variable for freight revenue in Canadians dollars into U.S. movement
expenses; (8) we used Tembec's U.S. commission fields as reported (this
field had erroneously been set to zero in the Preliminary Results).
Finally, we have included Tembec Industries Inc., Spruce Falls Inc.
Marks Lumber Ltd., Produits Forestiers Temrex Limited Partnership, and
Les Industries Davidson Inc. in the Tembec Group and in all
instructions to CBP.
Tolko
For the final results, we used Tolko's reported G&A expenses which
excludes legal fees associated with the AD/CVD proceedings which had
been added to G&A expenses in the Preliminary Results.
In addition, we corrected three clerical errors found by parties in
Tolko's preliminary margin calculation as follows: (1) We recalculated
Tolko's credit expense for sales with price adjustments using payment
and shipment fields correctly converted to SAS format; (2) we included
Tolko's reported warranty expenses in direct selling expenses for CEP
sales and; (3) we included Tolko's switching and diversion charges
incurred in the U.S. market in Tolko's U.S. movement expenses.
Weldwood
For the Preliminary Results, the Department included an outdated
program in the sequence of programs used to calculate the cost of
production. For the final results, we incorporated the most recent cost
file for Weldwood into the calculation.
West Fraser
We have recalculated West Fraser's G&A expenses to exclude
association
[[Page 73440]]
fees paid by West Fraser to the British Columbia Lumber Trade Counsel.
Weyerhaeuser
We have recalculated the entered value of all Weyerhaeuser sales
imported by unaffiliated parties based on our determination that the
submitted entered values for these sales were incorrect. We used the
recalculated entered values in the de minimis test and the calculation
of review-specific average assessment rate. In addition, we removed
sales made under temporary import bond from the margin calculation. In
the Preliminary Results, we adjusted Weyerhaeuser's by-product offset.
For the final results using the by-product offset amounts submitted by
Weyerhaeuser. Finally, we recalculated Weyerhaeuser's G&A expenses for
the final results as follows: (1) We excluded association dues
associated with the AD/CVD proceedings; (2) we included Weyerhaeuser's
gain on the sale of minor timberlands, which had been excluded in the
Preliminary Results, as an offset; (3) for our denominator in the G&A
ratio calculation (cost of sales), we included research and development
costs, which had been excluded in the Preliminary Results; and (4) we
corrected a ministerial error in our calculation of the G&A expenses
where integration costs were inadvertently double-counted in the
Preliminary Results.
Review-Specific Average Rate
Due to the number of mandatory selected respondents, and complex
circumstances unique to this review, the Department was not able to
review all companies for which a review was requested. Therefore, the
Department has determined a review-specific weighted-average margin for
those companies that requested, but were not selected for, individual
review. The review-specific average rate for these companies can be
found in the final results below. This is distinguished from the ``All
Others'' \5\ rate, which is the weighted-average margin calculated in
the investigation and which continues to apply to all exporters and
producers which have not participated in a review.
---------------------------------------------------------------------------
\5\ See Notice of Determination Under Section 129 of the Uruguay
Round Agreements Act: Antidumping Measures on Certain Softwood
Lumber Products from Canada, 70 FR 22636 (May 2, 2005).
---------------------------------------------------------------------------
Final Results of Review
As a result of our review, we determine that the following
weighted-average margins exist for the period of May 1, 2003, through
April 30, 2004:
---------------------------------------------------------------------------
\6\ We note that Nakina Forest Products Limited is a division of
Long Lake Forest Products, Inc., an affiliate of Buchanan Lumber
Sales.
\7\ Canfor's weighted-average margin is based upon a weighted-
average of Canfor's and Slocan's respective cash deposit rates prior
to the merger. See Memorandum from Salim Bhabhrawala, International
Trade Compliance Analyst to The File, Re: Analysis Memorandum For
Canfor Corporation (December 5, 2005). We also note that, during the
POR, Sinclar Enterprises Ltd. (Sinclar) acted as an affiliated
reseller for Lakeland, an affiliate of Canfor. In this review, we
reviewed the sales of Canfor and its affiliates; therefore, Canfor's
weighted-average margin applies to all sales of subject merchandise
produced by any member of the Canfor Group and sold by Sinclar. As
Sinclar also separately requested a review, any sales of subject
merchandise produced by another manufacturer and sold by Sinclar
will receive the ``Review-Specific Average'' rate. Finally, we note
that Canadian Forest Products, Ltd. is a wholly owned subsidiary of
Canfor and will receive Canfor's weighted-average margin.
------------------------------------------------------------------------
Weighted-
Producer average margin
(percentage)
------------------------------------------------------------------------
Abitibi (and its affiliates Produits Forestiers Petit 2.52
Paris Inc.,Produits Forestiers La Tuque Inc., Produits
Forestiers Sagenay Inc. and Societe En Commandite
Scierie Opticiwan).....................................
Buchanan (and its affiliates Atikokan Forest Products 2.86
Ltd.,Long Lake Forest Products Inc., Nakina Forest
Products Limited,\6\ Buchanan Distribution Inc.,
Buchanan Forest Products Ltd.,Great West Timber Ltd.,
Dubreuil Forest Products Ltd.,Northern Sawmills Inc.,
McKenzie Forest Products Inc.,Buchanan Northern
Hardwoods Inc., Northern Wood, and Solid Wood Products
Inc.)..................................................
Canfor \7\ (and its affiliates Canfor Wood Products 1.36
Marketing Ltd., Canadian Forest Products, Ltd., Bois
Daaquam Inc. / Daaquam Lumber Inc., Lakeland Mills
Ltd., The Pas Lumber Company Ltd. / Winton Sales, Howe
Sound Pulp and Paper Limited Partnership, Winton Global
Lumber Ltd., and Skeena Cellulose).....................
Tembec.(and its affiliates Marks Lumber Ltd., Excel 4.02
Forest Products, Les Industries Davidson Inc., Produits
Forestiers Temrex Limited Partnership, Tembec
Industries Inc., Spruce Falls Inc.)....................
Tolko.(and its affiliates Gilbert Smith Forest Products 3.09
Ltd., Compwood Products Ltd., and Pinnacle Wood
Products Ltd. )........................................
Weldwood................................................ 0.61
West Fraser.(and its affiliates West Fraser Forest 0.51
Products Inc. and Seehta Forest Products Ltd.).........
Weyerhaeuser (and its affiliate Weyerhaeuser 4.43
Saskatchewan Ltd.).....................................
------------------------------------------------------------------------
Review-Specific Average Rate Applicable to the Following Companies \8\
2 by 4 Lumber Sales Ltd.
---------------------------------------------------------------------------
\8\ In the Preliminary Results, we listed companies on the
review-specific rate list that did not request a review or have a
review requested on them for the current review. Therefore, we have
removed the following companies from the review specific-rate list
for the final results: AFA Forest Products Inc., Associated Cedar
Products, Ivis Wood Products, Lazy S Lumber, Mary's River Lumber,
New West Lumber Ltd., Quadra Wood Products Ltd., Schols Cedar
Products, Standard Building Products Ltd., Still Creek Forest
Products Ltd., Taiga Forest Products, Western Cleanwood Preservers
Ltd., and Western Wood Preservers Ltd. All of the above companies
participated in the 1st Administrative Review and will continue to
receive the review-specific average rate (3.78%) from that review.
---------------------------------------------------------------------------
605666 BC Ltd.
9027-7971 Quebec Inc. (Scierie Marcel Dumont)
9098-5573 Quebec Inc. (K.C.B. International)
A. L. Stuckless & Sons Limited
AJ Forest Products Ltd.
Alexandre Cote Ltee.
Allmac Lumber Sales Ltd.
Allmar International
Alpa Lumber Mills Inc.
American Bayridge Corporation
Apex Forest Products, Inc.
Apollo Forest Products Limited
Aquila Cedar Products Ltd.
Arbutus Manufacturing Limited
Ardew Wood Products, Ltd.
Armand Duhamel & Fils Inc.
Ashley Colter (1961) Limited
Aspen Planers Ltd.
Atco Lumber
Atlantic Pressure Treating Ltd.
Atlantic Warehousing Limited/Atlantic Warehousing Ltd.
Atlas Lumber (Alberta) Ltd.
AWL Forest Products
B & L Forest Products Ltd.
Bakerview Forest Products Inc.
Bardeaux et Cedres St-Honore Inc. (Bardeaux et Cedres)
Barrett Lumber Company/Barrett Lumber Company Limited
[[Page 73441]]
Barrette-Chapais Ltee.
Barry Maedel Woods & Timber
Bathurst Lumber (Division of UPM-Kymmene Miramichi Inc.)
Beaubois Coaticook Inc.
Blackville Lumber (Division of UPM-Kymmene Miramichi Inc.)
Blanchette et Blanchette Inc.
Bloomfield Lumber Limited
Bois Cobodex (1995) Inc.
Bois De L'Est F.B. Inc.
Bois Granval G.D.S. Inc.
Bois Kheops Inc.
Bois Marsoui G.D.S. Inc.
Bois Neos Inc.
Bois Nor Que Wood Inc.
Boisaco Inc.
Boscus Canada Inc.
Boucher Forest Products Ltd.
Bowater Canadian Forest Products Inc.
Bowater Incorporated
Bridgeside Forest Industries, Ltd.
Bridgeside Higa Forest Industries Ltd.
Brittainia Lumber Company Limited
Brouwer Excavating Ltd.
Brunswick Valley Lumber/Brunswick Valley Lumber Inc.
Buchanan Lumber
Busque & Laflamme Inc.
BW Creative Wood
Byrnexco Inc.
C. E. Harrison & Son Ltd./C. E. Harrison & Son Limited
Caledon Log Homes (FEWO)
Caledonia Forest Products Ltd.
Cambie Cedar Products Ltd.
Canadian Lumber Company Ltd.
Cando Contracting Ltd.
Canex International Lumber Sales Ltd.
CanWel Building Materials Ltd.
CanWel Distribution Ltd.
Canyon Lumber Company Ltd.
Cape Cod Wood Siding Inc.
Cardinal Lumber Manufacturing & Sales Inc.
Careau Bois Inc.
Carrier & Begin Inc
Carrier Forest Products Ltd.
Carrier Lumber Ltd.
Carson Lake Lumber
Cattermole Timber
CDS Lumber Products
Cedarland Forest Products Ltd.
Cedrico Lumber Inc. (Bois d'Oeuvre Cedrico Inc.)
Central Cedar Ltd.
Centurion Lumber Manufacturing (1983) Ltd.
Chaleur Sawmills
Chasyn Wood Technologies Inc.
Cheminis Lumber Inc.
Cheslatta Forest Products Ltd.
Chisholm's (Roslin) Ltd.
Choicewood Products Inc.
City Lumber Sales and Services Limited
Clair Industrial Dev. Corp. Ltd./Clair Industrial Development Corp.
Ltd.
Clermond Hamel Ltee.
Coast Clear Wood Ltd.
Colonial Fence Mfg. Ltd.
Columbia Mills Ltd.
Comeau Lumber Limited
Commonwealth Plywood Company Ltd. dba Bois Clo-Val (formerly Bois Clo-
Val Inc.), and Les Enterprises Atlas (formerly Les Enterprises Atlas
(1985) Inc.)
Cooper Creek Cedar Ltd.
Cottles Island Lumber Co. Ltd.
Cowichan Lumber Ltd.
Crystal Forest Industries Ltd.
Curley Cedar Post & Rail
Cushman Lumber Company Inc.
D. S. McFall Holdings Ltd.
Dakeryn Industries Ltd.
Deep Cove Lumber
Delco Forest Products/Delco Forest Products Ltd.
Delta Cedar Products
Devlin Timber Company (1992) Limited
Devon Lumber Co. Ltd.
Doman Forest Products Limited
Doman Industries Limited
Doman Western Lumber Ltd.
Domexport Inc.
Domtar Inc.
Downie Timber Ltd.
Dunkley Lumber Ltd.
E. Tremblay Et. Fils Ltee.
Eacan Timber Canada Ltd.
Eacan Timber Limited/Eacan Timber Ltd.
Eacan Timber USA Ltd.
East Fraser Fiber Co. Ltd.
Eastwood Forest Products Inc.
Ed Bobocel Lumber 1993 Ltd.
Edwin Blaikie Lumber Ltd.
Elmira Wood Products Limited
Elmsdale Lumber Company Ltd./Elmsdale Lumber Co., Ltd.
ER Probyn Export Ltd.
Errington Cedar Products
Evergreen Empire Mills Incorporated
EW Marketing
F.L. Bodogh Lumber Co. Ltd.
Falcon Lumber Limited
Faulkner Wood Specialties Limited
Federated Co-operatives Limited
Fenclo Ltee
Finmac Lumber Limited
Fontaine Inc. (dba J. A. Fontaine et fils Incorporee), Bois Fontaine
Inc., Gestion Natanis Inc., and Les Placements Jean-Paul Fontaine
Ltee.\9\
---------------------------------------------------------------------------
\9\ In the Preliminary Results, we incorrectly listed Les
Placements Jean-Paul Fontaine Ltee., as Paul Fontaine Ltee., and
also as Les Placements Jean-Paul Fontaine Ltee. To correct this
error we have removed Paul Fontaine Ltee., from the review-specific
average rate list.
---------------------------------------------------------------------------
Forex Log & Lumber
Forstex Industries Inc.
Forwest Wood Specialties Inc.
Fraser Pacific Forest Products Inc.
Fraser Pacific Lumber Company
Fraser Papers Inc.
Fraser Pulp Chips Ltd.
Frasierview Cedar Products Ltd.
Frontier Mills Inc.
G.D.S. Valoribois Inc.
Galloway Lumber Co. Ltd.
Gerard Crete & Fils Inc.
Gestofor Inc.
Gogama Forest Products
Goldwood Industries Ltd.
Gorman Bros. Lumber Ltd.
Great Lakes MSR Lumber Ltd.
Greenwood Forest Products
Groupe Lebel
H. A. Fawcett & Son Limited
H. J. Crabbe & Sons Ltd.
Haida Forest Products Ltd.
Hainesville Sawmill Ltd.
Harrison's Home Building Centers
Harry Freeman & Son Ltd./Harry Freeman & Son Limited
Hefler Forest Products Ltd.
Hi-Knoll Cedar Inc.
Hilmoe Forest Products Ltd.
Hoeg Brothers Lumber Ltd.
Holdright Lumber Products Ltd.
Hudson Mitchell & Sons Lumber Inc.
Hughes Lumber Specialties Inc.
Hyak Specialty Wood Products Ltd.
Industrial Wood Specialties
Industries G.D.S. Inc.
Industries Perron Inc.
Interior Joinery Ltd.
International Forest Products Ltd.
Isidore Roy Limited
Ivor Forest Products Ltd.
J & G Logworks
J. A. Turner & Sons (1987) Limited
J.D. Irving, Ltd.
J.S. Jones Timber Ltd.
Jackpine Engineered Wood Products
Jackpine Forest Products Ltd.
Jackpine Group of Companies
Jamestown Lumber Company Limited/Jamestown Lumber Company Ltd.
Jasco Forest Products Ltd.
Jeffery Hanson
Julimar Lumber Co. Limited
Kenora Forest Products Ltd.
Kent Trusses Ltd.
Kenwood Lumber Ltd.
Kispiox Forest Products
Kitwanga Lumber Co. Ltd.
Kruger, Inc.
La Crete Sawmills Ltd.
Lakeburn Lumber Limited
Lamco Forest Products
Landmark Structural Lumber
Landmark Truss & Lumber Inc.
Langely Timber Company Ltd.
Langevin Forest Products, Inc.
Lattes Waska Laths Inc.
Lawsons Lumber Company Ltd.
Lecours Lumber Co. Limited
Ledwidge Lumber Co., Ltd.
Leggett & Platt (B.C.) Ltd.
Leggett & Platt Inc.
Leggett & Platt Ltd.
Les Bois d'Oeuvre Beaudoin & Gauthier Inc.
Les Bois S &P Grondin Inc.
Les Chantiers Chibougamau Ltee
[[Page 73442]]
Les Produits Forestiers D. G. Ltee.
Les Produits Forestiers Dube Inc.
Les Produits Forestiers F.B.M. Inc.
Les Produits Forestiers Maxibois Inc.
Les Produits Forestiers Miradas Inc. (Miradas Forest Products Inc.)
Les Scieries Du Lac St-Jean Inc.
Les Scieries Jocelyn Lavoie Inc.
Leslie Forest Products Ltd.
Lignum Ltd.
Lindsay Lumber Ltd.
Liskeard Lumber Limited
Littles Lumber Ltd.
Lonestar Lumber Inc.
Louisiana Pacific Corporation
Lousiana Malakwa
LP Canada Ltd.
LP Engineered Wood Products Ltd.
Lulumco Inc.
Lyle Forest Products Ltd.
M & G Higgins Lumber Ltd.
M. L. Wilkins & Son Ltd.
MacTara Limited
Maibec Industries Inc. (Industries Maibec Inc.)
Manitou Forest Products Ltd.
Maple Creek Saw Mills Inc.
Marcel Lauzon Inc.
Marine Way
Marwood Inc.
Marwood Ltd.
Materiaux Blanchet Inc.
Max Meilleur et Fils Ltee.
McCorquindale Holdings Ltd.
McNutt Lumber Company Ltd.
Mercury Manufacturing Inc.
Meunier Lumber Company Ltd.
MF Bernard Inc.
Mid America Lumber
Mid Valley Lumber Specialties Ltd.
Midway Lumber Mills Ltd.
Mill & Timber Products Ltd.
Millar Western Forest Products Ltd.
Millco Wood Products Ltd.
Miramichi Lumber Products
Mobilier Rustique (Beauce) Inc.
Monterra Lumber Mills Limited
Mountain View Specialty Reload Inc.
Murray A Reeves Forestry Limited
Murray Bros. Lumber Company Limited
N. F. Douglas Lumber Limited/N. F. Douglas Lumber Ltd.
Nechako Lumber Co., Ltd.
Newcastle Lumber Co. Inc.
New West Lumber
Nexfor Inc.
Nexfor Norbord
Nicholson and Cates Limited
Nickel Lake Lumber
Norbord Industries Inc.
Norbord Juniper and Norbord's sawmills at La Sarre Senneterre Quebec
NorSask Forest Products Inc.
North American Forest Products/North American Forest Products Ltd.
North American Forest Products Ltd. (Division Belanger)
North Atlantic Lumber Inc.
North Enderby Distribution Ltd. (N.E. Distribution)
North Enderby Timber Ltd.
North Mitchell Lumber Co. Ltd., Saran Cedar
North Shore Timber Ltd.
North Star Wholesale Lumber Ltd.
Northchip Ltd.
Northland Forest Products Ltd.
Olav Haavaldsrud Timber Company Limited
Olympic Industries Inc.
Optibois Inc.
P.A. Lumber & Planning Limited
Pacific Lumber Company
Pacific Lumber Remanufacturing Inc.
Pacific Northern Rail Contractors Corp.
Pacific Specialty Wood Products Ltd. (formerly Clearwood Industries
Ltd.)
Pacific Wood Specialties
Pallan Timber Products Ltd.
Palliser Lumber Sales Ltd.
Pan West Wood Products Ltd.
Paragon Ventures Ltd. (Vernon Kiln and Millwork, Ltd. and 582912 BC,
Ltd.)
Parallel Wood Products Ltd.
Pastway Planing Limited
Pat Power Forest Products Corporation
Patrick Lumber Company
Paul Vallee Inc.
Peak Forest Products Ltd.
Pharlap Forest Products Inc.
Pheonix Forest Products Inc.
Pleasant Valley Remanufacturing Ltd.
Pope & Talbot Inc./Pope & Talbot Ltd.
Porcupine Wood Products Ltd.
Portbec Forest Products Ltd. (Les Produits Forestiers Portbec Ltee.)
Portelance Lumber Capreol Ltd.
Power Wood Corp.
Precibois Inc.
Preparabois (2003) Inc.
Prime Lumber Limited
Pro Lumber Inc.
P. Proulx Forest Products Inc. (aka Proulx, Proulx Forest Products Inc.
and Produits Forestiers P. Proulx Inc.)
Promobois G.D.S. Inc.
R. Fryer Forest Products Limited
Raintree Forest Products Inc.
Raintree Lumber Specialties Ltd.
Ramco Lumber Ltd.
Redtree Cedar Products Ltd.
Redwood Value Added Products Inc.
Rembos Inc.
Rene Bernard Inc.
Ridgewood Forest Products Ltd./Ridgewood Forest Products Limited
Rielly Industrial Lumber Inc.
Riverside Forest Products Limited
Rocam Lumber Inc. (Bois Rocam Inc.)
Rojac Cedar Products Inc.
Rojac Enterprises Inc.
Roland Boulanger & Cie Ltee
Russell White Lumber Limited
Sauder Moldings, Inc. (Ferndale)
Sauder Industries Limited
Scierie A&M St-Pierre Inc.
Scierie Adrien Arseneault Ltee
Scierie Alexandre Lemay & Fils Inc.
Scierie Chaleur/Scierie Chaleur Associes
Scierie Dion et Fils Inc.
Scierie Gallichan Inc.
Scierie Gauthier Ltee.
Scierie La Patrie, Inc.
Scierie Landrienne Inc.
Scierie Lapointe & Roy Ltee.
Scierie Leduc, Division of Stadacona Inc.
Scierie Nord-Sud Inc. (North-South Sawmill Inc.)
Scierie P.S.E. Inc.
Scierie St. Elzear Inc.
Scierie Tech Inc.
Scieries du Lac St. Jean Inc.
Selkirk Specialty Wood Ltd.
Sexton Lumber/Sexton Lumber Co. Limited
Seycove Forest Products Limited
Seymour Creek Cedar Products Ltd.
Shawood Lumber Inc.
Sigurdson Bros. Logging Company Ltd./Sigurdson Brothers Logging Company
Ltd.
Silvermere Forest Products Inc.
Sinclar Enterprises Ltd.*
South Beach Trading Inc.
South River Planing Mills Inc.
South-East Forest Products Ltd.
Spray Lake Sawmills (1980) Ltd.
Spruce Forest Products Ltd.
Spruce Products Ltd.
St. Anthony Lathing Ltd.
Stag Timber
Stuart Lake Lumber Co. Ltd.
Stuart Lake Marketing Inc./Stuart Lake Marketing Corporation
Sunbury Cedar Sales Ltd.
Suncoast Lumber & Milling
Sundance Forest Industries
SWP Industries Inc.
Sylvanex Lumber Products Inc.
Taiga Forest Products
Tall Tree Lumber Company
Tarpin Lumber Incorporated
Taylor Lumber Company Ltd.
Teal Cedar Products Ltd.
Teal-Jones Group
Teeda Corp
Terminal Forest Products Ltd.
T.F. Specialty Sawmill
TFL Forest Ltd./TimberWest Forest Corp. / Timber West Forest Company
Timber Ridge Forest Products
TimberWorld Forest Products Inc.
T'loh Forest Products Limited
Top Quality Lumber Ltd.
T. P. Downey & Sons Ltd.
Treeline Wood Products Ltd.
Triad Forest Products
Twin Rivers Cedar Products Ltd.
Tyee Timber Products Ltd.
Uneeda Wood Products
Uniforet Inc.
Uniforet Scierie-Pate
Vancouver Specialty Cedar Products/Vancouver Specialty Cedar Products
Ltd.
[[Page 73443]]
Vanderhoof Specialty Wood Products
Vandermeer Forest Products (Canada) Ltd.
Vanderwell Contractors (1971) Ltd.
Vanport Canada, Co.
Vernon Kiln and Millwork, Ltd.
Visscher Lumber Inc.
W. C. Edwards Lumber (formerly The W.C. Edwards Co. Ltd.)
W. I. Woodtone Industries Inc.
Welco Lumber Corporation
Wentworth Lumber Ltd.
Werenham Forest Products
West Bay Forest Products & Manufacturing Ltd./West Bay Forest Products
and Manufacturing Ltd./West Bay Forest Products & Mfg. Ltd.
West Can Rail Ltd.
West Chilcotin Forest Products Ltd.
West Hastings Lumber Products
Weston Forest Corp.
West-Wood Industries/West-Wood Industries Ltd.
White Spruce Forest Products Ltd.
Wilfrid Paquet & Fils Ltee
Wilkerson Forest Products Ltd.
Williams Brothers Limited/Williams Brothers Ltd.
Winnipeg Forest Products, Inc.
Woodko Enterprises, Ltd.
Woodland Forest Products Ltd.
Woodline Forest Products Ltd.
Woodtone Industries Inc.
Woodwise Lumber Ltd.
Wynndel Box & Lumber Co. Ltd.
Zelensky Bros. Forest Products--2.11%
Assessment
The Department will determine, and CBP shall assess, antidumping
duties on all appropriate entries, pursuant to 19 CFR 351.212(b). The
Department calculated importer-specific duty assessment rates on the
basis of the ratio of the total amount of antidumping duties calculated
for the examined sales to the total entered value of the examined sales
for that importer. Where the assessment rate is above de minimis, we
will instruct CBP to assess duties on all entries of subject
merchandise by that importer. For the companies requesting a review,
but not selected for examination and calculation of individual rates,
we will calculate a weighted-average assessment rate based on all
importer-specific assessment rates excluding any which are de minimis
or margins determined entirely on adverse facts available. Furthermore,
the Department has calculated a unique importer-specific duty
assessment rate for all producers/exporters of Maritimes Province
origin lumber, which takes into account the exclusion of products from
the Maritimes from the companion countervailing duty order.\10\ The
Department will issue appropriate assessment instructions directly to
CBP not before the 41st day after the date of publication of these
final results of review.
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\10\ See Decision Memorandum at Comment 2.
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Cash Deposits
Furthermore, the following deposit requirements will be effective
upon publication of the final results of this administrative review for
all shipments of certain softwood lumber products from Canada entered,
or withdrawn from warehouse, for consumption on or after the
publication date of these final results, as provided by section 751(a)
of the Tariff Act of 1930 (the Act), as amended: (1) For companies
covered by this review, the cash deposit rate will be the rate listed
above; (2) for previously reviewed or investigated companies not listed
above, the cash deposit rate will continue to be the company-specific
rate published for the most recent period; (3) if the exporter is not a
firm covered in this review, a prior review, or the original less-than-
fair-value investigation, but the producer is, the cash deposit rate
will be the rate established for the most recent period for the
manufacturer of the merchandise; and (4) the cash deposit rate for all
other producers or exporters will be 11.54 percent, the ``All Others''
rate calculated in the Department's recent determination under section
129 of the Uruguay Round Agreement Act. See Notice of Determination
Under Section 129 of the Uruguay Round Agreements Act: Antidumping
Measures on Certain Softwood Lumber Products from Canada, 70 FR 22636
(May 2, 2005). These deposit requirements shall remain in effect until
publication of the final results of the next administrative review.
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f) to file a certificate regarding
the reimbursement of antidumping duties prior to liquidation of the
relevant entries during this review period. Failure to comply with this
requirement could result in the Secretary's presumption that
reimbursement of antidumping duties occurred, and in the subsequent
assessment of double antidumping duties.
This notice also is the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305. 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 the terms of an APO is a sanctionable
violation.
We are issuing and publishing these results and notice in
accordance with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: December 5, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
I. General Issues
Comment 1: Treatment of Sales Made on a Random-Lengths Basis.
Comment 2: Assessment Rate for Companies in the Maritimes.
Comment 3: Treatment of Non-Dumped Sales.
Comment 4: Review Should Be Terminated Because of the NAFTA ITC
Decision.
Comment 5: Treatment of Countervailing Duties and Other Duty Deposits.
Comment 6: Use of Length-Specific Prices.
Comment 7: Name Changes.
Comment 8: Gains and Losses on the Closure and Sale or Disposal of a
Production Facility.
Comment 9: Exchange Rate Gains and Losses.
Comment 10: Value-Based Cost Methodology.
Comment 11: Antidumping (AD) and Countervailing Duty (CVD) Defense Fees
in General and Administrative (G&A) Expenses.
Comment 12: Wood Chips Byproduct Revenue.
II. Company-Specific Issues
Issues Specific to Abitibi
Comment 13: Specify that the Abitibi Group Deposit Rate in This Review
Also Extends to Produits Forestiers Saguenay Inc.
Comment 14: Clerical Error Allegation Specific to Abitibi.
Issues Specific to Buchanan
Comment 15: Freight Expense Allocation Methodology.
Comment 16: Buchanan's Draft Liquidation Instructions.
Comment 17: Clerical Error Allegation Specific to Buchanan.
Issues Specific to Canfor
Comment 18: Deposit Rate for Canfor.
Comment 19: Additional Company Names As Importers of Record.
Comment 20: Canfor's Cost Reconciliation.
Comment 21: Canfor's G&A Offsets.
Comment 22: Inclusion of Purchase Costs for Commingled Lumber.
[[Page 73444]]
Comment 23: Logging Services from Affiliates.
Comment 24: Lakeland's G&A Offsets.
Comment 25: Lakeland's Interest Income.
Comment 26: Clerical Error Allegations Specific to Canfor.
Issues Specific to Tembec
Comment 27: Names of Tembec Companies.
Comment 28: Byproduct Offset Adjustment Factor.
Comment 29: Adjustment of Variable Wood Costs.
Comment 30: G&A Expense Rate--Consolidated vs. Producer.
Comment 31: Clerical Error Allegations Specific to Tembec.
Issues Specific to Tolko
Comment 32: Log Purchases from Affiliated Parties.
Comment 33: Clerical Error Allegations Specific to Tolko.
Issues Specific to Weldwood
Comment 34: Allocation of Wood Costs.
Comment 35: Clerical Error Allegation Specific to Weldwood.
Issues Specific to West Fraser
Comment 36: Order is Not Valid for West Fraser and Should be Revoked.
Issues Specific to Weyerhaeuser
Comment 37: Level of Trade for Weyerhaeuser's VMI sales.
Comment 38: Assessment for Weyerhaeuser's Unaffiliated Importers of
Record.
Comment 39: Log Cost Allocation for British Columbia Coastal
Operations.
Comment 40: Calculation of Various G&A Expenses.
Comment 41: Clerical Error Allegations Specific to Weyerhaeuser.
[FR Doc. 05-23932 Filed 12-9-05; 8:45 am]
BILLING CODE 3510-DS-P