Notice of Final Results of Antidumping Duty Changed Circumstances Review: Certain Softwood Lumber Products from Canada, 13811-13813 [E6-3935]
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Federal Register / Vol. 71, No. 52 / Friday, March 17, 2006 / Notices
Part, 70 FR 51009 (August 29, 2005). On
February 10, 2006, FMC withdrew its
request for an administrative review.
Rescission of Review
The Department’s regulations at 19
CFR 351.213(d)(1) provide that the
Department will rescind an
administrative review if the party that
requested the review withdraws its
request for review within 90 days of the
date of publication of the notice of
initiation of the requested review, or
withdraws its request at a later date if
the Department determines that it is
reasonable to extend the time limit for
withdrawing the request. FMC
withdrew its request after the 90–day
deadline; however, consistent with the
Department’s practice,1 the Department
finds it reasonable to extend the
withdrawal deadline because the
Department has not yet devoted
considerable time and resources to this
review and FMC is the only party to
request a review. Further, we find that
FMC’s withdrawal does not constitute
an abuse of our procedures. Therefore,
we are rescinding this review of the
antidumping duty order on persulfates
from the PRC covering the period July
1, 2004, through June 30, 2005. The
Department will issue appropriate
assessment instructions directly to U.S.
Customs and Border Protection within
15 days of publication of this rescission.
Notification Regarding APOs
sroberts on PROD1PC70 with NOTICES
This notice also serves as a reminder
to parties subject to administrative
protective orders (‘‘APO’’) 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
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.
This notice is issued and published in
accordance with section 777(i)(1) of the
Tariff Act of 1930, as amended, and 19
CFR 351.213(d)(4).
1 See Honey from the People’s Republic of China:
Notice of Partial Rescission of Antidumping Duty
Administrative Review, 70 FR 42032 (July 21, 2005).
See also, Certain Cut-to-Length Carbon Steel Plate
From the People’s Republic of China: Notice of
Rescission of Antidumping Duty Administrative
Review, 70 FR 44560 (August 3, 2005); and Notice
of Rescission of Antidumping Duty Administrative
Review: Petroleum Wax Candles from the People’s
Republic of China, 70 FR 33733 (June 9, 2005).
VerDate Aug<31>2005
16:52 Mar 16, 2006
Jkt 208001
Dated: March 9, 2006.
Stephen J. Claey,
Deputy Assistant Secretary for Import
Administration.
[FR Doc. E6–3936 Filed 3–16–06; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
[A–122–838]
Notice of Final Results of Antidumping
Duty Changed Circumstances Review:
Certain Softwood Lumber Products
from Canada
Import Administration,
International Trade Administration,
Department of Commerce.
AGENCY:
EFFECTIVE DATE:
March 17, 2006.
FOR FURTHER INFORMATION CONTACT:
Shane Subler or David Neubacher at
(202) 482–0189 or (202) 482–5823,
respectively; AD/CVD Operations,
Office 1, Import Administration,
International Trade Administration,
U.S. Department of Commerce, 14th
Street & Constitution Avenue, NW.,
Washington, DC 20230.
SUMMARY: The Department of Commerce
(the Department) has determined,
pursuant to section 751(b) of the Tariff
Act of 1930, as amended (the Act), that
the post–acquisition West Fraser Mills
Ltd. (West Fraser) is the successor–ininterest to pre–acquisition West Fraser
and, as a result, should continue to be
accorded the same treatment previously
accorded with regard to the
antidumping order on certain softwood
lumber products from Canada as of the
date of publication of this notice in the
Federal Register.
SUPPLEMENTARY INFORMATION:
Background
On January 13, 2006, the Department
published in the Federal Register the
preliminary results of this changed
circumstances review.1 For the
Preliminary Results, we found that the
post–acquisition West Fraser was the
successor–in-interest to pre–acquisition
West Fraser.
We invited parties to comment on the
Preliminary Results and received a case
brief from a domestic interested party2
and a rebuttal brief from West Fraser.
1 See Notice of Preliminary Results of
Antidumping Duty Changed Circumstances Review:
Certain Softwood Lumber Products from Canada, 71
FR 2189 (January 13, 2006) (Preliminary Results).
2 The domestic interested party is the Coalition
for Fair Lumber Imports Executive Committee.
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13811
We did not receive a request for a
hearing.
Scope of the Order3
The products covered by this order
are softwood lumber, flooring and
siding (softwood lumber products).
Softwood lumber products include all
products classified under subheadings
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 mouldings
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.
3 For the Preliminary Results and other segments
of this proceeding, the Department erroneously
described the scope as it was stated in the
Department’s final determination of the original less
than fair value (LTFV) investigation. As a result of
discussions between the Department and U.S.
Customs and Border Protection (CBP), minor
wording changes were made between the final
determination and the order. Therefore, we have
used herein the scope language exactly as stated in
the order, as we will continue to do for all following
segments of this proceeding. We note that the edits
made to the language between the final
determination and the order did not alter or modify
in any way the products covered by the scope. See
Notice of Final Determination of Sales at Less Than
Fair Value: Certain Softwood Lumber Products from
Canada, 67 FR 15539 (April 2, 2002); see also
Notice of Amended Final Determination of Sales at
Less Than Fair Value and Antidumping Duty Order:
Certain Softwood Lumber Products From Canada,
67 FR 36067 (May 22, 2002).
E:\FR\FM\17MRN1.SGM
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sroberts on PROD1PC70 with NOTICES
13812
Federal Register / Vol. 71, No. 52 / Friday, March 17, 2006 / Notices
Although the HTSUS subheadings are
provided for convenience and U.S.
Customs purposes, the written
description of the merchandise subject
to this order is dispositive.
As specifically stated in the Issues
and Decision Memorandum
accompanying the Notice of Final
Determination of Sales at Less Than
Fair Value: Certain Softwood Lumber
Products from Canada, 67 FR 15539
(April 2, 2002) (see comment 53, item D,
page 116, and comment 57, item B–7,
page 126), available at
www.ia.ita.doc.gov/frn, drilled and
notched lumber and angle cut lumber
are covered by the scope of this order.
The following softwood lumber
products are excluded from the scope of
this order provided they meet the
specified requirements detailed below:
(1) 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 4421.90.98.40.
(2) 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.
(3) 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.
(4) 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.
(5) 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
VerDate Aug<31>2005
16:52 Mar 16, 2006
Jkt 208001
Canada is limited to kiln–drying,
planing to create smooth–to-size
board, and sanding, and 2) if the
importer establishes to the
satisfaction of CBP that the lumber
is of U.S. origin.
(6) Softwood lumber products
contained in single family home
packages or kits,4 regardless of tariff
classification, are excluded from the
scope of this order if the importer
certifies to items 6 A, B, C, D, and
requirement 6 E is met:
A. The imported home package or kit
constitutes a full package of the
number of wooden pieces specified
in the plan, design or blueprint
necessary to produce a home of at
least 700 square feet produced to a
specified plan, design or blueprint;
B. The package or kit must contain all
necessary internal and external
doors and windows, nails, screws,
glue, sub floor, sheathing, beams,
posts, connectors, and if included
in the purchase contract, decking,
trim, drywall and roof shingles
specified in the plan, design or
blueprint;
C. Prior to importation, the package or
kit must be sold to a retailer of
complete home packages or kits
pursuant to a valid purchase
contract referencing the particular
home design plan or blueprint, and
signed by a customer not affiliated
with the importer;
D. Softwood lumber products entered
as part of a single family home
package or kit, whether in a single
entry or multiple entries on
multiple days, will be used solely
for the construction of the single
family home specified by the home
design matching the entry.
E. For each entry, the following
documentation must be retained by
the importer and made available to
CBP upon request:
i. A copy of the appropriate home
design, plan, or blueprint matching
the entry;
ii. A purchase contract from a retailer
of home kits or packages signed by
a customer not affiliated with the
importer;
iii. A listing of inventory of all parts
of the package or kit being entered
that conforms to the home design
package being entered;
iv. In the case of multiple shipments
on the same contract, all items
4 To ensure administrability, we clarified the
language of exclusion number 6 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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Frm 00007
Fmt 4703
Sfmt 4703
listed in E(iii) which are included
in the present shipment shall be
identified as well.
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 4418.90.45.90,
4421.90.70.40, and 4421.90.97.40.
Finally, as clarified throughout the
course of the investigation, the
following products, previously
identified as Group A, remain outside
the scope of this order. They are:
1. Trusses and truss kits, properly
classified under HTSUS 4418.90;
2. I–joist beams;
3. Assembled box spring frames;
4. Pallets and pallet kits, properly
classified under HTSUS 4415.20;
5. Garage doors;
6. Edge–glued wood, properly
classified under HTSUS
4421.90.98.40;
7. Properly classified complete door
frames;
8. Properly classified complete
window frames; and
9. Properly classified furniture.
In addition, this scope language was
further clarified to specify that all
softwood lumber products entered from
Canada claiming non–subject status
based on U.S. country of origin will be
treated as non–subject U.S.-origin
merchandise under the countervailing
duty order, provided that these
softwood lumber products meet the
following condition: upon entry, the
importer, exporter, Canadian processor
and/or original U.S. producer establish
to CBP’s satisfaction that the softwood
lumber entered and documented as
U.S.-origin softwood lumber was first
produced in the United States as a
lumber product satisfying the physical
parameters of the softwood lumber
scope.5 The presumption of non–subject
status can, however, be rebutted by
evidence demonstrating that the
merchandise was substantially
transformed in Canada.
On March 3, 2006, the Department
issued a scope ruling that any product
entering under HTSUS 4409.10.05
which is continually shaped along its
end and/or side edges which otherwise
5 See the scope clarification message (# 3034202),
dated February 3, 2003, to CBP, regarding treatment
of U.S. origin lumber on file in Room B-099 of the
Central Records Unit (CRU) of the Main Commerce
Building.
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Federal Register / Vol. 71, No. 52 / Friday, March 17, 2006 / Notices
conforms to the written definition of the
scope is within the scope of the order.6
DEPARTMENT OF COMMERCE
Analysis of Comments Received
National Oceanic and Atmospheric
Administration
The issues raised in the case and
rebuttal briefs by parties to this changed
circumstances review are addressed in
the Issues and Decision Memorandum
to Joseph A. Spetrini, Acting Assistant
Secretary for Import Administration,
from Stephen J. Claeys, Deputy
Assistant Secretary (Decision
Memorandum), which is hereby
adopted by 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://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 analysis of comments
received, we have made no changes
since the Preliminary Results.
Instructions to CBP
We will notify CBP that Weldwood no
longer exists as a separate corporate
entity and that the company–specific
case number for Weldwood in the AD/
CVD module should no longer be used.
Administrative Protection Order
This notice also serves as a reminder
to parties subject to administrative
protective orders (APOs) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.306. Timely written
notification of the return/destruction of
APO materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulations
and terms of an APO is a sanctionable
violation.
This notice is published in
accordance with sections 751(b) and
777(i)(1) of the Act, and section
351.216(e) of the Department’s
regulations.
sroberts on PROD1PC70 with NOTICES
Dated: March 10. 2006.
Joseph A. Spetrini,
Acting Assistant Secretary for Import
Administration.
[FR Doc. E6–3935 Filed 3–16–06; 8:45 am]
6 See Memorandum from Constance Handley,
Program Manager to Stephen J. Claeys, Deputy
Assistant Secretary regarding: Scope Request by the
Petitioner Regarding Entries Made Under HTSUS
4409.10.05, dated March 3, 2006.
16:52 Mar 16, 2006
Jkt 208001
Dated: March 13, 2006.
Tracey L. Thompson,
Acting Director, Office of Sustainable
Fisheries, Natinal Marine Fisheries Service.
[FR Doc. E6–3836 Filed 3–16–06; 8:45 am]
BILLING CODE 3510–22–S
New England Fishery Management
Council; Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; public meeting.
AGENCY:
The New England Fishery
Management Council’s (Council) VMS/
Enforcement Oversight Committee will
meet to consider actions affecting New
England fisheries in the exclusive
economic zone (EEZ).
DATES: The meeting will be held on
Monday, April 3, 2006 from 7 p.m. to
9 p.m.
ADDRESSES: Meeting address: The
meeting will be held at the Hilton
Mystic Hotel, 20 Coogan Boulevard,
Mystic, CT 06355; telephone: (860)572–
0731.
Council address: New England
Fishery Management Council, 50 Water
Street, Mill 2, Newburyport, MA 01950.
FOR FURTHER INFORMATION CONTACT: Paul
J. Howard, Executive Director, New
England Fishery Management Council;
telephone: (978)465–0492.
SUPPLEMENTARY INFORMATION: The items
of discussion in the committee’s agenda
are as follows:
1. Discuss information with respect to
enforcement techniques used to
measure mesh size, and make
recommendations to the Council at its
April 4–5, 2006 meeting.
2. Other business.
Although non-emergency issues not
contained in this agenda may come
before this group for discussion, those
issues may not be the subject of formal
action during this meeting. Action will
be restricted to those issues specifically
identified in this notice and any issues
arising after publication of this notice
that require emergency action under
section 305 of the Magnuson-Stevens
Fishery Conservation and Management
Act, provided the public has been
notified of the Council’s intent to take
final action to address the emergency.
SUMMARY:
Special Accommodations
BILLING CODE 3510–DS–S
VerDate Aug<31>2005
[I.D. 031306C]
13813
This meeting is physically accessible
to people withdisabilities. Requests for
sign language interpretation or other
auxiliary aids should be directed to Paul
J. Howard (see ADDRESSES) at least 5
days prior to the meeting date.
Authority: 16 U.S.C. 1801 et seq.
PO 00000
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[I.D. 031406C]
New England Fishery Management
Council; Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Public meeting.
AGENCY:
SUMMARY: The New England Fishery
Management Council (Council) will
hold a two-day Council meeting on
April 4–5, 2006 to consider actions
affecting New England fisheries in the
exclusive economic zone (EEZ).
DATES: The meeting will be held on
Tuesday and Wednesday, April 4 and 5,
2006, beginning at 8:30 a.m. each day.
ADDRESSES: The meeting will be held at
the Hilton Hotel, 20 Coogan Boulevard,
Mystic, CT 06355; telephone (860) 572–
0731. Requests for special
accommodations should be addressed to
the New England Fishery Management
Council, 50 Water Street, Mill 2,
Newburyport, MA 01950; telephone
(978) 465–0492.
FOR FURTHER INFORMATION CONTACT: Paul
J. Howard, Executive Director, New
England Fishery Management Council,
(978) 465–0492.
SUPPLEMENTARY INFORMATION:
Tuesday, April 4, 2006
Following introductions, the Council
will receive reports from the Council
Chairman and Executive Director, the
NMFS Regional Administrator,
Northeast Fisheries Science Center and
Mid-Atlantic Fishery Management
Council liaisons, NOAA General
Counsel and representatives of the U.S.
Coast Guard, NMFS Enforcement and
the Atlantic States Marine Fisheries
Commission. During this morning
session, the Council will review a report
from its Enforcement Committee and
may consider action on net measuring
procedures for trawl gear used in the
groundfish and other fisheries and net
stowage requirements that relate to the
enforcement of fisheries regulations.
This report will be followed by a
briefing from the Standard Bycatch
Reporting Methodology (SBRM)
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]]>Agencies
[Federal Register Volume 71, Number 52 (Friday, March 17, 2006)]
[Notices]
[Pages 13811-13813]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-3935]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-122-838]
Notice of Final Results of Antidumping Duty Changed Circumstances
Review: Certain Softwood Lumber Products from Canada
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: March 17, 2006.
FOR FURTHER INFORMATION CONTACT: Shane Subler or David Neubacher at
(202) 482-0189 or (202) 482-5823, respectively; AD/CVD Operations,
Office 1, Import Administration, International Trade Administration,
U.S. Department of Commerce, 14\th\ Street & Constitution Avenue, NW.,
Washington, DC 20230.
SUMMARY: The Department of Commerce (the Department) has determined,
pursuant to section 751(b) of the Tariff Act of 1930, as amended (the
Act), that the post-acquisition West Fraser Mills Ltd. (West Fraser) is
the successor-in-interest to pre-acquisition West Fraser and, as a
result, should continue to be accorded the same treatment previously
accorded with regard to the antidumping order on certain softwood
lumber products from Canada as of the date of publication of this
notice in the Federal Register.
SUPPLEMENTARY INFORMATION:
Background
On January 13, 2006, the Department published in the Federal
Register the preliminary results of this changed circumstances
review.\1\ For the Preliminary Results, we found that the post-
acquisition West Fraser was the successor-in-interest to pre-
acquisition West Fraser.
---------------------------------------------------------------------------
\1\ See Notice of Preliminary Results of Antidumping Duty
Changed Circumstances Review: Certain Softwood Lumber Products from
Canada, 71 FR 2189 (January 13, 2006) (Preliminary Results).
---------------------------------------------------------------------------
We invited parties to comment on the Preliminary Results and
received a case brief from a domestic interested party\2\ and a
rebuttal brief from West Fraser. We did not receive a request for a
hearing.
---------------------------------------------------------------------------
\2\ The domestic interested party is the Coalition for Fair
Lumber Imports Executive Committee.
---------------------------------------------------------------------------
Scope of the Order\3\
---------------------------------------------------------------------------
\3\ For the Preliminary Results and other segments of this
proceeding, the Department erroneously described the scope as it was
stated in the Department's final determination of the original less
than fair value (LTFV) investigation. As a result of discussions
between the Department and U.S. Customs and Border Protection (CBP),
minor wording changes were made between the final determination and
the order. Therefore, we have used herein the scope language exactly
as stated in the order, as we will continue to do for all following
segments of this proceeding. We note that the edits made to the
language between the final determination and the order did not alter
or modify in any way the products covered by the scope. See Notice
of Final Determination of Sales at Less Than Fair Value: Certain
Softwood Lumber Products from Canada, 67 FR 15539 (April 2, 2002);
see also Notice of Amended Final Determination of Sales at Less Than
Fair Value and Antidumping Duty Order: Certain Softwood Lumber
Products From Canada, 67 FR 36067 (May 22, 2002).
---------------------------------------------------------------------------
The products covered by this order are softwood lumber, flooring
and siding (softwood lumber products). Softwood lumber products include
all products classified under subheadings 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 mouldings 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.
[[Page 13812]]
Although the HTSUS subheadings are provided for convenience and
U.S. Customs purposes, the written description of the merchandise
subject to this order is dispositive.
As specifically stated in the Issues and Decision Memorandum
accompanying the Notice of Final Determination of Sales at Less Than
Fair Value: Certain Softwood Lumber Products from Canada, 67 FR 15539
(April 2, 2002) (see comment 53, item D, page 116, and comment 57, item
B-7, page 126), available at www.ia.ita.doc.gov/frn, drilled and
notched lumber and angle cut lumber are covered by the scope of this
order.
The following softwood lumber products are excluded from the scope
of this order provided they meet the specified requirements detailed
below:
(1) 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 4421.90.98.40.
(2) 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.
(3) 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.
(4) 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.
(5) U.S. origin lumber shipped to Canada for minor processing and
imported into the United States, is excluded from the scope of this
order if the following conditions are met: 1) the processing occurring
in Canada is limited to kiln-drying, planing to create smooth-to-size
board, and sanding, and 2) if the importer establishes to the
satisfaction of CBP that the lumber is of U.S. origin.
(6) Softwood lumber products contained in single family home
packages or kits,\4\ regardless of tariff classification, are excluded
from the scope of this order if the importer certifies to items 6 A, B,
C, D, and requirement 6 E is met:
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\4\ To ensure administrability, we clarified the language of
exclusion number 6 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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A. The imported home package or kit constitutes a full package of
the number of wooden pieces specified in the plan, design or blueprint
necessary to produce a home of at least 700 square feet produced to a
specified plan, design or blueprint;
B. The package or kit must contain all necessary internal and
external doors and windows, nails, screws, glue, sub floor, sheathing,
beams, posts, connectors, and if included in the purchase contract,
decking, trim, drywall and roof shingles specified in the plan, design
or blueprint;
C. Prior to importation, the package or kit must be sold to a
retailer of complete home packages or kits pursuant to a valid purchase
contract referencing the particular home design plan or blueprint, and
signed by a customer not affiliated with the importer;
D. Softwood lumber products entered as part of a single family home
package or kit, whether in a single entry or multiple entries on
multiple days, will be used solely for the construction of the single
family home specified by the home design matching the entry.
E. For each entry, the following documentation must be retained by
the importer and made available to CBP upon request:
i. A copy of the appropriate home design, plan, or blueprint
matching the entry;
ii. A purchase contract from a retailer of home kits or packages
signed by a customer not affiliated with the importer;
iii. A listing of inventory of all parts of the package or kit
being entered that conforms to the home design package being entered;
iv. In the case of multiple shipments on the same contract, all
items listed in E(iii) which are included in the present shipment shall
be identified as well.
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 4418.90.45.90, 4421.90.70.40,
and 4421.90.97.40.
Finally, as clarified throughout the course of the investigation,
the following products, previously identified as Group A, remain
outside the scope of this order. They are:
1. Trusses and truss kits, properly classified under HTSUS 4418.90;
2. I-joist beams;
3. Assembled box spring frames;
4. Pallets and pallet kits, properly classified under HTSUS
4415.20;
5. Garage doors;
6. Edge-glued wood, properly classified under HTSUS 4421.90.98.40;
7. Properly classified complete door frames;
8. Properly classified complete window frames; and
9. Properly classified furniture.
In addition, this scope language was further clarified to specify
that all softwood lumber products entered from Canada claiming non-
subject status based on U.S. country of origin will be treated as non-
subject U.S.-origin merchandise under the countervailing duty order,
provided that these softwood lumber products meet the following
condition: upon entry, the importer, exporter, Canadian processor and/
or original U.S. producer establish to CBP's satisfaction that the
softwood lumber entered and documented as U.S.-origin softwood lumber
was first produced in the United States as a lumber product satisfying
the physical parameters of the softwood lumber scope.\5\ The
presumption of non-subject status can, however, be rebutted by evidence
demonstrating that the merchandise was substantially transformed in
Canada.
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\5\ See the scope clarification message ( 3034202),
dated February 3, 2003, to CBP, regarding treatment of U.S. origin
lumber on file in Room B-099 of the Central Records Unit (CRU) of
the Main Commerce Building.
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On March 3, 2006, the Department issued a scope ruling that any
product entering under HTSUS 4409.10.05 which is continually shaped
along its end and/or side edges which otherwise
[[Page 13813]]
conforms to the written definition of the scope is within the scope of
the order.\6\
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\6\ See Memorandum from Constance Handley, Program Manager to
Stephen J. Claeys, Deputy Assistant Secretary regarding: Scope
Request by the Petitioner Regarding Entries Made Under HTSUS
4409.10.05, dated March 3, 2006.
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Analysis of Comments Received
The issues raised in the case and rebuttal briefs by parties to
this changed circumstances review are addressed in the Issues and
Decision Memorandum to Joseph A. Spetrini, Acting Assistant Secretary
for Import Administration, from Stephen J. Claeys, Deputy Assistant
Secretary (Decision Memorandum), which is hereby adopted by 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://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 analysis of comments received, we have made no changes
since the Preliminary Results.
Instructions to CBP
We will notify CBP that Weldwood no longer exists as a separate
corporate entity and that the company-specific case number for Weldwood
in the AD/CVD module should no longer be used.
Administrative Protection Order
This notice also serves as a reminder to parties subject to
administrative protective orders (APOs) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.306. Timely written notification of
the return/destruction of APO materials or conversion to judicial
protective order is hereby requested. Failure to comply with the
regulations and terms of an APO is a sanctionable violation.
This notice is published in accordance with sections 751(b) and
777(i)(1) of the Act, and section 351.216(e) of the Department's
regulations.
Dated: March 10. 2006.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. E6-3935 Filed 3-16-06; 8:45 am]
BILLING CODE 3510-DS-S
