Initiation of Antidumping Duty Changed Circumstances Review: Certain Softwood Lumber Products from Canada, 4350-4352 [E6-988]
Download as PDF
<![CDATA[
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: https://
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]
-----------------------------------------------------------------------
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
