Initiation of Antidumping Duty Changed Circumstances Review: Certain Softwood Lumber Products from Canada, 4350-4352 [E6-988]

Download as PDF 4350 Federal Register / Vol. 71, No. 17 / Thursday, January 26, 2006 / Notices rwilkins on PROD1PC63 with NOTICES review is currently classifiable under item 0409.00.00, 1702.90.90, and 2106.90.99 of the Harmonized Tariff Schedule of the United States (HTSUS). Although the HTSUS subheading is provided for convenience and customs purposes, the written description of the merchandise under review is dispositive. Initiation of Review In accordance with section 751(a)(2)(B) of the Tariff Act of 1930 (the Tariff Act), as amended, and 19 CFR 351.214(d)(1), and based on information on the record, we are initiating a new shipper review for Patagonik. See Memorandum to the File through Richard O. Weible, ‘‘New Shipper Review Initiation Checklist’’, dated January 31, 2006. We intend to issue the preliminary results of this review not later than 180 days after the date on which this review is initiated, and the final results of this review within 90 days after the date on which the preliminary results are issued. Pursuant to 19 CFR 351.214(g)(1)(i)(A), the POR for a new shipper review initiated in the month immediately following the anniversary month will be the 12-month period immediately preceding the anniversary month. Under section 351.214(f)(2)(ii) of the Department’s regulations, when the sale of the subject merchandise occurs within the POR, but the entry occurs after the normal POR, the POR may be extended unless it would be likely to prevent the completion of the review within the time limits set by the Department’s regulations. Therefore, the POR for this new shipper review is December 1, 2004, through December 31, 2005. This review will cover sales by Patagonik of honey produced by Colmenares Santa Rosa s.r.l. In accordance with section 751(a)(2)(B)(iii) of the Tariff Act, and 19 CFR 351.214(e), we will instruct CBP to allow, at the option of the importer, the posting, until the completion of the review, of a single entry bond or security in lieu of a cash deposit for certain entries of the merchandise exported by the above–listed companies, i.e, Patagonik as the exporter and Colmenares Santa Rosa S.R.L as the producer. Thus, we will instruct CBP to limit the bonding option only to entries of subject merchandise exported by Patagonik and produced by Colmenares Santa Rosa S.R.L. Interested parties seeking access to proprietary information in this new shipper review should submit applications for disclosure under administrative protective orders in accordance with 19 CFR 351.305 and VerDate Aug<31>2005 16:10 Jan 25, 2006 Jkt 205001 351.306. This initiation and notice are in accordance with section 751(a) of the Tariff Act and 19 CFR 351.214(d). Dated: January 20, 2006. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration. [FR Doc. E6–990 Filed 1–25–06; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration [A–122–838] Initiation of Antidumping Duty Changed Circumstances Review: Certain Softwood Lumber Products from Canada Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: January 26, 2006. SUMMARY: In accordance with 19 CFR 351.216(b), Weyerhaeuser Company Limited and Weyerhaeuser Saskatchewan Limited (collectively, Weyerhaeuser), Canadian producers of softwood lumber products, filed a request for a changed circumstances review of the antidumping duty order on certain softwood lumber products from Canada, as described below. In response to this request, the Department of Commerce (the Department) is initiating a changed circumstances review of the antidumping duty order on certain softwood lumber from Canada. FOR FURTHER INFORMATION CONTACT: Salim Bhabhrawala or Constance Handley at (202) 482–1784 or (202) 482– 0631, respectively; Office 1, AD/CVD Operations, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230. SUPPLEMENTARY INFORMATION: AGENCY: Background As a result of the second administrative review of the antidumping duty order, imports of softwood lumber from Weyerhaeuser became subject to a cash deposit rate of 4.43 percent (see Notice of Final Results of Antidumping Duty Administrative Review: Certain Softwood Lumber Products from Canada, 70 FR 73437 (December 12, 2005)). On December 5, 2005, Weyerhaeuser notified the Department that on May 30, 2005, Weyerhaeuser sold its entire former B.C. Coastal (BCC) business unit. As a result, Weyerhaeuser is requesting that the PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 Department amend its cash deposit rate to reflect this change. Scope of the Order The products covered by this order are softwood lumber, flooring and siding (softwood lumber products). Softwood lumber products include all products classified under headings 4407.1000, 4409.1010, 4409.1090, and 4409.1020, respectively, of the Harmonized Tariff Schedule of the United States (HTSUS), and any softwood lumber, flooring and siding described below. These softwood lumber products include: (1) coniferous wood, sawn or chipped lengthwise, sliced or peeled, whether or not planed, sanded or finger–jointed, of a thickness exceeding six millimeters; (2) coniferous wood siding (including strips and friezes for parquet flooring, not assembled) continuously shaped (tongued, grooved, rabbeted, chamfered, v– jointed, beaded, molded, rounded or the like) along any of its edges or faces, whether or not planed, sanded or finger–jointed; (3) other coniferous wood (including strips and friezes for parquet flooring, not assembled) continuously shaped (tongued, grooved, rabbeted, chamfered, v– jointed, beaded, molded, rounded or the like) along any of its edges or faces (other than wood moldings and wood dowel rods) whether or not planed, sanded or finger– jointed; and (4) coniferous wood flooring (including strips and friezes for parquet flooring, not assembled) continuously shaped (tongued, grooved, rabbeted, chamfered, v– jointed, beaded, molded, rounded or the like) along any of its edges or faces, whether or not planed, sanded or finger–jointed. Although the HTSUS subheadings are provided for convenience and U.S. Customs and Border Patrol (CBP) 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 E:\FR\FM\26JAN1.SGM 26JAN1 rwilkins on PROD1PC63 with NOTICES Federal Register / Vol. 71, No. 17 / Thursday, January 26, 2006 / Notices 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 CBP’s satisfaction that the lumber is of U.S. origin.1 1 For further clarification pertaining to this exclusion, see the additional language concluding the scope description below. VerDate Aug<31>2005 16:10 Jan 25, 2006 Jkt 205001 • Softwood lumber products contained in single family home packages or kits,2 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; 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 2 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. PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 4351 conforming to the above requirements, as well as truss components, pallet components, and door and window frame parts, are covered under the scope of this order and may be classified under HTSUS subheadings 4418.90.40.90, 4421.90.70.40, and 4421.90.98.40. Due to changes in the 2002 HTSUS whereby subheading 4418.90.40.90 and 4421.90.98.40 were changed to 4418.90.45.90 and 4421.90.97.40, respectively, we are adding these subheadings as well. In addition, this scope language has been further clarified to now specify that all softwood lumber products entered from Canada claiming non– subject status based on U.S. country of origin will be treated as non–subject U.S.-origin merchandise under the antidumping and countervailing duty orders, provided that these softwood lumber products meet the following condition: upon entry, the importer, exporter, Canadian processor and/or original U.S. producer establish to CBP’s satisfaction that the softwood lumber entered and documented as U.S.-origin softwood lumber was first produced in the United States as a lumber product satisfying the physical parameters of the softwood lumber scope.3 The presumption of non–subject status can, however, be rebutted by evidence demonstrating that the merchandise was substantially transformed in Canada. Initiation of Changed Circumstances Review: Pursuant to section 751(b)(1) of the Tariff Act of 1930, as amended (the Act), the Department will conduct a changed circumstances review upon receipt of information concerning, or a request from an interested party of, an antidumping duty order which shows changed circumstances sufficient to warrant a review of the order. Weyerhaeuser contends that, because it underwent fundamental structural changes as a result of the sale of BCC, the Department should modify Weyerhaeuser’s cash deposit rate to reflect the company’s new structure. Based on these circumstances and in accordance with 19 CFR 351.216(b), the Department finds good cause to initiate a changed circumstances review. Therefore, we are initiating a changed circumstances review pursuant to section 751(b)(1) of the Act and 19 CFR 351.216(b) to determine whether Weyerhaeuser should be assigned a different cash deposit rate. 3 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. E:\FR\FM\26JAN1.SGM 26JAN1 4352 Federal Register / Vol. 71, No. 17 / Thursday, January 26, 2006 / Notices The Department will publish in the Federal Register a notice of preliminary results of changed circumstances review in accordance with 19 CFR 351.221(b)(4) and 351.221(c)(3)(i), which will set forth the Department’s preliminary factual and legal conclusions. The Department will issue its final results of review in accordance with the time limits set forth in 19 CFR 351.216(e). This notice is in accordance with section 751(b)(1) of the Act and 19 CFR 351.221(b)(1). Dated: January 19, 2006. David M. Spooner, Assistant Secretary for Import Administration. [FR Doc. E6–988 Filed 1–25–06; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [I.D. 112205E] Taking of Marine Mammals Incidental to Specified Activities; Construction of the East Span of the San FranciscoOakland Bay Bridge National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of proposed authorization for a small take authorization; request for comments. rwilkins on PROD1PC63 with NOTICES AGENCY: SUMMARY: NMFS has received a request from the California Department of Transportation (CALTRANS) for renewal of an authorization to take small numbers of California sea lions, Pacific harbor seals, harbor porpoises, and gray whales, by harassment, incidental to construction of a replacement bridge for the East Span of the San Francisco-Oakland Bay Bridge (SF–OBB) in California. Under the Marine Mammal Protection Act (MMPA), NMFS is requesting comments on its proposal to issue an authorization to CALTRANS to incidentally take, by harassment, small numbers of these species of pinnipeds and cetaceans during the next 12 months. DATES: Comments and information must be received no later than February 27, 2006. ADDRESSES: Comments on the application should be addressed to Steve Leathery, Chief, Permits, Conservation and Education Division, Office of Protected Resources, National Marine Fisheries Service, 1315 East- VerDate Aug<31>2005 16:10 Jan 25, 2006 Jkt 205001 West Highway, Silver Spring, MD 20910–3225, or by telephoning the contact listed here. The mailbox address for providing email comments is PR1.112205E@noaa.gov. Include in the subject line of the e-mail comment the following document identifier: 112205E. Comments sent via e-mail, including all attachments, must not exceed a 10megabyte file size. A copy of the 2001 application, the 2005 renewal request, the June 2004 Annual Report and/or the January 2005 Annual Report may be obtained by writing to this address or by telephoning one of the contacts listed here. FOR FURTHER INFORMATION CONTACT: Shane Guan, NMFS, (301) 713–2289, ext 137, or Monica DeAngelis, NMFS, (562) 980–3232. SUPPLEMENTARY INFORMATION: Background Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.) direct the Secretary of Commerce to allow, upon request, the incidental, but not intentional, taking of small numbers of marine mammals by U.S. citizens who engage in a specified activity (other than commercial fishing) within a specified geographical region if certain findings are made and either regulations are issued or, if the taking is limited to harassment, notice of a proposed authorization is provided to the public for review. Permission may be granted if NMFS finds that the taking will have no more than a negligible impact on the species or stock(s) and will not have an unmitigable adverse impact on the availability of the species or stock(s) for subsistence uses and that the permissible methods of taking and requirements pertaining to the monitoring and reporting of such taking are set forth. NMFS has defined ‘‘negligible impact’’ in 50 CFR 216.103 as ‘‘* * * an impact resulting from the specified activity that cannot be reasonably expected to, and is not reasonably likely to, adversely affect the species or stock through effects on annual rates of recruitment or survival.’’ Section 101(a)(5)(D) of the MMPA established an expedited process by which citizens of the United States can apply for an authorization to incidentally take small numbers of marine mammals by harassment. Except with respect to certain activities not pertinent here, the MMPA defines ‘‘harassment’’ as: Any act of pursuit, torment, or annoyance which (i) has the potential to injure a marine mammal or marine mammal stock in the wild [Level A harassment]; or (ii) has the potential PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 to disturb a marine mammal or marine mammal stock in the wild by causing disruption of behavioral patterns, including, but not limited to, migration, breathing, nursing, breeding, feeding, or sheltering [Level B harassment]. Section 101(a)(5)(D) establishes a 45day time limit for NMFS review of an application followed by a 30-day public notice and comment period on any proposed authorizations for the incidental harassment of small numbers of marine mammals. Within 45 days of the close of the comment period, NMFS must either issue or deny issuance of the authorization. Summary of Request On October 17, 2005, CALTRANS sumbitted a request to NOAA requesting renewal of an IHA for the possible harassment of small numbers of California sea lions (Zalophus californianus), Pacific harbor seals (Phoca vitulina richardsii), harbor porpoises (Phocoena phocoena), and gray whales (Eschrichtius robustus) incidental to construction of a replacement bridge for the East Span of the SF–OBB, in San Francisco Bay (SFB or the Bay), California. An IHA was issued to CALTRANS for this activity on January 3, 2005 and it expired on January 3, 2006 (70 FR 2123). A detailed description of the SF–OBB project and background information on the issuance of this IHA were provided in the November 14, 2003 (68 FR 64595) Federal Register notice and are not repeated here. Please refer to that Federal Register notice. Description of the Marine Mammals Potentially Affected by the Activity General information on the marine mammal species found in California waters can be found in Caretta et al. (2004), which is available at the following URL: http:// www.nmfs.noaa.gov/pr/PR2/ Stock_Assessment_Program/ sars.html. Refer to that document for information on these species. The marine mammals most likely to be found in the SF–OBB area are the California sea lion, Pacific harbor seal, and harbor porpoise. From December through May gray whales may also be present in the SF–OBB area. Information on California sea lion, harbor seal, and gray whale was provided in the November 14, 2003 (68 FR 64595), Federal Register notice and is not repeated here. Harbor Porpoise In the eastern North Pacific, harbor porpoise are found in coastal and inland waters from Point Conception, E:\FR\FM\26JAN1.SGM 26JAN1

Agencies

[Federal Register Volume 71, Number 17 (Thursday, January 26, 2006)]
[Notices]
[Pages 4350-4352]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-988]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-122-838]


Initiation of Antidumping Duty Changed Circumstances Review: 
Certain Softwood Lumber Products from Canada

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

EFFECTIVE DATE: January 26, 2006.
SUMMARY: In accordance with 19 CFR 351.216(b), Weyerhaeuser Company 
Limited and Weyerhaeuser Saskatchewan Limited (collectively, 
Weyerhaeuser), Canadian producers of softwood lumber products, filed a 
request for a changed circumstances review of the antidumping duty 
order on certain softwood lumber products from Canada, as described 
below. In response to this request, the Department of Commerce (the 
Department) is initiating a changed circumstances review of the 
antidumping duty order on certain softwood lumber from Canada.

FOR FURTHER INFORMATION CONTACT: Salim Bhabhrawala or Constance Handley 
at (202) 482-1784 or (202) 482-0631, respectively; Office 1, AD/CVD 
Operations, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Background

    As a result of the second administrative review of the antidumping 
duty order, imports of softwood lumber from Weyerhaeuser became subject 
to a cash deposit rate of 4.43 percent (see Notice of Final Results of 
Antidumping Duty Administrative Review: Certain Softwood Lumber 
Products from Canada, 70 FR 73437 (December 12, 2005)). On December 5, 
2005, Weyerhaeuser notified the Department that on May 30, 2005, 
Weyerhaeuser sold its entire former B.C. Coastal (BCC) business unit. 
As a result, Weyerhaeuser is requesting that the Department amend its 
cash deposit rate to reflect this change.

Scope of the Order

    The products covered by this order are softwood lumber, flooring 
and siding (softwood lumber products). Softwood lumber products include 
all products classified under headings 4407.1000, 4409.1010, 4409.1090, 
and 4409.1020, respectively, of the Harmonized Tariff Schedule of the 
United States (HTSUS), and any softwood lumber, flooring and siding 
described below. These softwood lumber products include:
    (1) coniferous wood, sawn or chipped lengthwise, sliced or peeled, 
whether or not planed, sanded or finger-jointed, of a thickness 
exceeding six millimeters;
    (2) coniferous wood siding (including strips and friezes for 
parquet flooring, not assembled) continuously shaped (tongued, grooved, 
rabbeted, chamfered, v-jointed, beaded, molded, rounded or the like) 
along any of its edges or faces, whether or not planed, sanded or 
finger-jointed;
    (3) other coniferous wood (including strips and friezes for parquet 
flooring, not assembled) continuously shaped (tongued, grooved, 
rabbeted, chamfered, v-jointed, beaded, molded, rounded or the like) 
along any of its edges or faces (other than wood moldings and wood 
dowel rods) whether or not planed, sanded or finger-jointed; and
    (4) coniferous wood flooring (including strips and friezes for 
parquet flooring, not assembled) continuously shaped (tongued, grooved, 
rabbeted, chamfered, v-jointed, beaded, molded, rounded or the like) 
along any of its edges or faces, whether or not planed, sanded or 
finger-jointed.
    Although the HTSUS subheadings are provided for convenience and 
U.S. Customs and Border Patrol (CBP) 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

[[Page 4351]]

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 CBP's 
satisfaction that the lumber is of U.S. origin.\1\
---------------------------------------------------------------------------

    \1\ 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,\2\ regardless of tariff classification, are excluded 
from the scope of the orders if the following criteria are met:
---------------------------------------------------------------------------

    \2\ 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 satisfying the physical parameters of the softwood 
lumber scope.\3\ The presumption of non-subject status can, however, be 
rebutted by evidence demonstrating that the merchandise was 
substantially transformed in Canada.
---------------------------------------------------------------------------

    \3\ 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.
---------------------------------------------------------------------------

Initiation of Changed Circumstances Review:

    Pursuant to section 751(b)(1) of the Tariff Act of 1930, as amended 
(the Act), the Department will conduct a changed circumstances review 
upon receipt of information concerning, or a request from an interested 
party of, an antidumping duty order which shows changed circumstances 
sufficient to warrant a review of the order. Weyerhaeuser contends 
that, because it underwent fundamental structural changes as a result 
of the sale of BCC, the Department should modify Weyerhaeuser's cash 
deposit rate to reflect the company's new structure. Based on these 
circumstances and in accordance with 19 CFR 351.216(b), the Department 
finds good cause to initiate a changed circumstances review. Therefore, 
we are initiating a changed circumstances review pursuant to section 
751(b)(1) of the Act and 19 CFR 351.216(b) to determine whether 
Weyerhaeuser should be assigned a different cash deposit rate.

[[Page 4352]]

    The Department will publish in the Federal Register a notice of 
preliminary results of changed circumstances review in accordance with 
19 CFR 351.221(b)(4) and 351.221(c)(3)(i), which will set forth the 
Department's preliminary factual and legal conclusions. The Department 
will issue its final results of review in accordance with the time 
limits set forth in 19 CFR 351.216(e).
    This notice is in accordance with section 751(b)(1) of the Act and 
19 CFR 351.221(b)(1).

    Dated: January 19, 2006.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E6-988 Filed 1-25-06; 8:45 am]
BILLING CODE 3510-DS-S