Certain Softwood Lumber Products From Canada: Preliminary Affirmative Determination of Sales at Less Than Fair Value, 29833-29836 [2017-13794]
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Federal Register / Vol. 82, No. 125 / Friday, June 30, 2017 / Notices
submitting factual information in these
investigations.
Extensions of Time Limits
Parties may request an extension of
time limits before the expiration of a
time limit established under Part 351, or
as otherwise specified by the Secretary.
In general, an extension request will be
considered untimely if it is filed after
the expiration of the time limit
established under 19 CFR 351.301. For
submissions that are due from multiple
parties simultaneously, an extension
request will be considered untimely if it
is filed after 10:00 a.m. on the due date.
Under certain circumstances, we may
elect to specify a different time limit by
which extension requests will be
considered untimely for submissions
which are due from multiple parties
simultaneously. In such a case, we will
inform parties in the letter or
memorandum setting forth the deadline
(including a specified time) by which
extension requests must be filed to be
considered timely. An extension request
must be made in a separate, stand-alone
submission; under limited
circumstances we will grant untimelyfiled requests for the extension of time
limits. Review Extension of Time Limits;
Final Rule, 78 FR 57790 (September 20,
2013), available at https://www.gpo.gov/
fdsys/pkg/FR-2013-09-20/html/201322853.htm, prior to submitting factual
information in these investigations.
Certification Requirements
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Any party submitting factual
information in an AD or CVD
proceeding must certify to the accuracy
and completeness of that information.57
Parties are hereby reminded that revised
certification requirements are in effect
for company/government officials, as
well as their representatives.
Investigations initiated on the basis of
petitions filed on or after August 16,
2013, and other segments of any AD or
CVD proceedings initiated on or after
August 16, 2013, should use the formats
for the revised certifications provided at
the end of the Final Rule.58 The
Department intends to reject factual
submissions if the submitting party does
not comply with applicable revised
certification requirements.
57 See
section 782(b) of the Act.
Certification of Factual Information to
Import Administration during Antidumping and
Countervailing Duty Proceedings, 78 FR 42678 (July
17, 2013) (Final Rule); see also frequently asked
questions regarding the Final Rule, available at
https://enforcement.trade.gov/tlei/notices/factual_
info_final_rule_FAQ_07172013.pdf.
58 See
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Notification to Interested Parties
Interested parties must submit
applications for disclosure under APO
in accordance with 19 CFR 351.305. On
January 22, 2008, the Department
published Antidumping and
Countervailing Duty Proceedings:
Documents Submission Procedures;
APO Procedures, 73 FR 3634 (January
22, 2008). Parties wishing to participate
in these investigations should ensure
that they meet the requirements of these
procedures (e.g., the filing of letters of
appearance as discussed in 19 CFR
351.103(d)).
This notice is issued and published
pursuant to section 777(i) of the Act and
19 CFR 351.203(c).
Dated: June 22, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix—Scope of the Investigations
The merchandise covered by these
investigations includes all grades and
granulation sizes of citric acid, sodium
citrate, and potassium citrate in their
unblended forms, whether dry or in solution,
and regardless of packaging type. The scope
also includes blends of citric acid, sodium
citrate, and potassium citrate; as well as
blends with other ingredients, such as sugar,
where the unblended form(s) of citric acid,
sodium citrate, and potassium citrate
constitute 40 percent or more, by weight, of
the blend.
The scope also includes all forms of crude
calcium citrate, including dicalcium citrate
monohydrate, and tricalcium citrate
tetrahydrate, which are intermediate
products in the production of citric acid,
sodium citrate, and potassium citrate.
The scope includes the hydrous and
anhydrous forms of citric acid, the dihydrate
and anhydrous forms of sodium citrate,
otherwise known as citric acid sodium salt,
and the monohydrate and monopotassium
forms of potassium citrate. Sodium citrate
also includes both trisodium citrate and
monosodium citrate which are also known as
citric acid trisodium salt and citric acid
monosodium salt, respectively.
The scope does not include calcium citrate
that satisfies the standards set forth in the
United States Pharmacopeia and has been
mixed with a functional excipient, such as
dextrose or starch, where the excipient
constitutes at least 2 percent, by weight, of
the product.
Citric acid and sodium citrate are
classifiable under 2918.14.0000 and
2918.15.1000 of the Harmonized Tariff
Schedule of the United States (HTSUS),
respectively. Potassium citrate and crude
calcium citrate are classifiable under
2918.15.5000 and, if included in a mixture or
blend, 3824.99.9295 of the HTSUS. Blends
that include citric acid, sodium citrate, and
potassium citrate are classifiable under
3824.99.9295 of the HTSUS. Although the
HTSUS subheadings are provided for
convenience and customs purposes, the
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written description of the merchandise is
dispositive.
[FR Doc. 2017–13823 Filed 6–29–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–122–857]
Certain Softwood Lumber Products
From Canada: Preliminary Affirmative
Determination of Sales at Less Than
Fair Value
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) preliminarily
determines that certain softwood lumber
products (softwood lumber) from
Canada is being, or is likely to be, sold
in the United States at less than fair
value (LTFV). The period of
investigation (POI) is October 1, 2015,
through September 30, 2016.
DATES: Effective June 30, 2017.
FOR FURTHER INFORMATION CONTACT:
Stephen Bailey or Thomas Martin, AD/
CVD Operations, Office IV, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone:
(202) 482–0193 or (202) 482–3936,
respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
This preliminary determination is
made in accordance with section 733(b)
of the Tariff Act of 1930, as amended
(the Act). The Department published the
notice of initiation of this investigation
on December 22, 2016.1 On April 14,
2017, the Department postponed the
preliminary determination of this
investigation and the revised deadline is
now June 23, 2017.2 On April 13, 2017,
the Department preliminarily
determined that critical circumstances
exist.3 For a complete description of the
events that followed the initiation of
this investigation, see the Preliminary
1 See Certain Softwood Lumber Products from
Canada: Initiation of Less-Than-Fair-Value
Investigation, 81 FR 93892 (December 22, 2016)
(Initiation Notice).
2 See Certain Softwood Lumber Products from
Canada: Postponement of Preliminary
Determination of Antidumping Duty Investigation,
82 FR 18421 (April 19, 2017).
3 See Antidumping and Countervailing Duty
Investigations of Certain Softwood Lumber Products
From Canada: Preliminary Determinations of
Critical Circumstances, 82 FR 19219 (April 26,
2017) (Preliminary Critical Circumstances
Determinations).
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Decision Memorandum.4 A list of topics
included in the Preliminary Decision
Memorandum is included as Appendix
II to this notice. The Preliminary
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov, and to all parties in the
Central Records Unit, Room B8024 of
the main Department of Commerce
building. In addition, a complete
version of the Preliminary Decision
Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/.
The signed and the electronic versions
of the Preliminary Decision
Memorandum are identical in content.
Scope of the Investigation
The product covered by this
investigation is softwood lumber from
Canada. For a complete description of
the scope of this investigation, see
Appendix I.
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Scope Comments
In accordance with the preamble to
the Department’s regulations,5 the
Initiation Notice set aside a period of
time for interested parties to raise issues
regarding product coverage (i.e., scope).6
Certain interested parties commented on
the scope of the investigation as it
appeared in the Initiation Notice. For a
summary of the product coverage
comments and rebuttal responses
submitted to the record for this
preliminary determination, and
accompanying discussion and analysis
of all comments timely received, see the
Scope Decision.7 The Department is
preliminarily modifying the scope
language as it appeared in the Initiation
Notice. See the revised scope in
Appendix I to this notice. Furthermore,
the Department has proposed additional
changes to the scope language and has
invited further input from the interested
parties.8 Finally, the Department has
responded to the Committee Overseeing
Action for Lumber International Trade
Investigations or Negotiations’ (the
petitioner’s) request to amend the
petition to exclude Atlantic Lumber
Board (ALB)-certified lumber from the
scope of the antidumping and
4 See
Preliminary Decision Memorandum.
Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
6 See Initiation Notice.
7 See Memorandum, ‘‘Certain Softwood Lumber
Products from Canada: Scope Decision,’’ dated
concurrently with this preliminary determination
(Scope Decision).
8 Id.
5 See
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countervailing duty (CVD)
investigations.9
Particular Market Situation (PMS)
Allegation
On May 15, 2017, the petitioner
alleged that certain particular market
situations exist within the Canadian
lumber industry.10 The petitioner’s PMS
allegation asserts that the Government
of Canada (GOC) increased the demand
for lumber byproducts by establishing
and supporting bioenergy, electricity
and stumpage programs. The petitioner
alleges that the demand created by these
programs caused an increase in the
production of byproducts, which, in
turn, increased the production of
lumber. The petitioner asserts that the
only remedy for addressing the
distortion to the cost of production
(COP) caused by the GOC’s
interventions is to deny the byproduct
offset to COP claimed by the
respondents.
Specifically, regarding bioenergy
programs, the petitioner alleges that the
GOC has increased the demand for
lumber byproducts by encouraging the
development of energy from biomass,
including wood chips from lumber.
Regarding electricity, the petitioner
alleges that the GOC has instituted
certain energy initiatives that allow
sawmills and consumers of lumber
byproducts to either reduce or offset
their electricity costs. The petitioner
alleges these actions have decreased the
electricity costs associated with
producing lumber and lumber
byproducts, which, in turn, distorts the
9 See Memorandum, ‘‘Decision Memorandum for
Exclusion of Certain Softwood Lumber Products
Certified By the Atlantic Lumber Board in the
Antidumping Duty and Countervailing Duty
Investigations of Certain Softwood Lumber Products
from Canada,’’ dated June 23, 2017 (ALB Decision
Memorandum) where the Department preliminarily
excluded from the scope softwood lumber products
certified by the ALB as being first produced in the
Provinces of Newfoundland and Labrador, Nova
Scotia, or Prince Edward Island from logs harvested
in these three provinces. However, as noted in the
ALB Decision Memorandum, U.S. Customs and
Border Protection (CBP) has not yet begun
collecting ALB certifications, and the Department
needs assurance that CBP will have a system in
place to collect the certifications before we permit
these products to be excluded. Thus, CBP will
continue to suspend liquidation of entries of
merchandise subject to the CVD investigation, and
we will instruct CBP to begin suspension of
liquidation of merchandise subject to this
investigation. If there are no changes to the
preliminary decision to exclude this merchandise,
at the final determination, the Department will
instruct CBP to stop suspension of liquidation of
the merchandise subject to the exclusion and to
refund cash deposits.
10 See Letter from the petitioner to the Secretary,
regarding ‘‘Certain Softwood Lumber Products from
Canada: Particular Market Situation Regarding
Respondents’ Cost of Production,’’ dated May 15,
2017 (PMS allegation).
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COP of lumber producers. For
stumpage, the petitioner alleges that
lumber producers are able to obtain a
steady supply of subsidized logs, which
then enables them to meet the increased
demand for byproducts.
The Department finds that the
petitioner’s presentation and discussion
of the bioenergy, electricity and
stumpage programs promoted by the
GOC, substantiates the petitioner’s
allegations that such interventions and
subsidies may have distorted the
byproduct market and consequently the
COP of lumber producers. The
Department intends to further
investigate and analyze the alleged
distortions to COP raised by the
petitioner in its PMS allegation. We
intend to issue a schedule to provide
deadlines for interested parties to
submit further factual information
related to the PMS allegation. We also
intend to issue a supplemental
questionnaire to all interested parties to
obtain additional information to aid us
in the analysis of the petitioner’s PMS
allegation. For further discussion of this
matter, refer to the PMS Allegation
Memorandum.11
Methodology
The Department is conducting this
investigation in accordance with section
731 of the Act. The Department has
calculated export prices in accordance
with section 772(a) of the Act.
Constructed export prices have been
calculated in accordance with section
772(b) of the Act. Normal value (NV) is
calculated in accordance with section
773 of the Act. For a full description of
the methodology underlying the
preliminary determination, see the
Preliminary Decision Memorandum.
Preliminary Affirmative Determination
of Critical Circumstances, in Part
As explained above, on April 13,
2017, the Department preliminarily
determined that critical circumstances
exist for all-others and do not exist for
Canfor, Resolute, Tolko, and West
Fraser. For a full description of the
methodology and results of the
Department’s critical circumstances
analysis, see the Preliminary Critical
Circumstances Determinations.
All-Others Rate
Sections 733(d)(1)(ii) and 735(c)(5)(A)
of the Act provide that in the
preliminary determination the
Department shall determine an
11 See Memorandum, ‘‘Less-Than-Fair-Value
Investigation of Certain Softwood Lumber Products
from Canada: Particular Market Situation
Allegation,’’ dated concurrently with this
memorandum (PMS Allegation Memorandum).
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estimated all-others rate for all exporters
and producers not individually
examined. This rate shall be an amount
equal to the weighted average of the
estimated weighted-average dumping
margins established for exporters and
producers individually investigated,
excluding any zero and de minimis
margins, and any margins determined
entirely under section 776 of the Act.
In this investigation, the Department
calculated estimated weighted-average
dumping margins for Canfor, Resolute,
Tolko, and West Fraser, none of which
are zero, de minimis, or based entirely
on facts otherwise available. The
Department calculated the all-others’
rate using a weighted-average of the
estimated weighted-average dumping
margins calculated for the examined
respondents using each company’s
business proprietary data for the
merchandise under consideration.12
Preliminary Determination
The Department preliminarily
determines that the following estimated
weighted-average dumping margins
exist:
Estimated
weightedaverage
dumping
margins
(percent)
Exporter/producer
Canfor Corporation, Canadian Forest Products Ltd., and Canfor Wood Products Marketing Ltd 13 .........................................
Resolute FP Canada Inc 14 .........................................................................................................................................................
Tolko Marketing and Sales Ltd. and Tolko Industries Ltd 15 .......................................................................................................
West Fraser Mills Ltd 16 ...............................................................................................................................................................
All-Others .....................................................................................................................................................................................
Suspension of Liquidation
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In accordance with section 733(d)(2)
of the Act, the Department will direct
CBP to suspend liquidation of entries of
subject merchandise, as described in
Appendix I, entered, or withdrawn from
warehouse, for consumption on or after
the date of publication of this notice in
the Federal Register. Further, pursuant
to section 733(d)(1)(B) of the Act and 19
CFR 351.205(d), the Department will
instruct CBP to require a cash deposit
equal to the estimated weighted-average
dumping margin or the estimated allothers rate, as follows: (1) The cash
deposit rate for the respondents listed
above will be equal to the companyspecific estimated weighted-average
dumping margins determined in this
preliminary determination; (2) if the
exporter is not a respondent identified
above, but the producer is, then the cash
deposit rate will be equal to the
company-specific estimated weightedaverage dumping margin established for
that producer of the subject
merchandise; and (3) the cash deposit
rate for all other producers and
exporters will be equal to the all-others
estimated weighted-average dumping
margin.
12 For a complete analysis of the data, please see
the All-Others Calculation Memorandum dated
concurrently with this notice.
13 The Department preliminarily determines that
Canfor, Canadian Forest Products Ltd., and Canfor
Wood Products Marketing Ltd. are a single entity.
See Memorandum, ‘‘Antidumping Duty
Investigation of Certain Softwood Lumber from
Canada: Tolko Industries Ltd. and Tolko Marketing
and Sales Ltd. Preliminary Affiliation and
Collapsing Memorandum,’’ dated June 23, 2017.
14 The Department preliminarily determines that
Resolute and Resolute Growth Canada Inc.
(Resolute Growth), Abitibi-LP Engineered Wood
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29835
Section 733(e)(2) of the Act provides
that, given an affirmative determination
of critical circumstances, any
suspension of liquidation shall apply to
unliquidated entries of subject
merchandise entered, or withdrawn
from warehouse, for consumption on or
after the later of (a) the date which is 90
days before the date on which the
suspension of liquidation was first
ordered, or (b) the date on which notice
of initiation of the investigation was
published. As discussed in Preliminary
Critical Circumstances Determinations,
the Department preliminarily found that
critical circumstances exist for imports
of subject merchandise shipped by the
companies subject to the all-others rate.
In accordance with section 733(e)(2)(A)
of the Act, the suspension of liquidation
shall apply to unliquidated entries of
shipments of subject merchandise from
companies subject to the all-others rate
that were entered, or withdrawn from
warehouse, for consumption on or after
the date which is 90 days before the
publication of this notice.
7.72
4.59
7.53
6.76
6.87
determination within five days of any
public announcement or, if there is no
public announcement, within five days
of the date of publication of this notice
in accordance with 19 CFR 351.224(b).
Verification
As provided in section 782(i)(1) of the
Act, the Department intends to verify
the information relied upon in making
its final determination.
Public Comment
Disclosure
The Department intends to disclose
its calculations and analysis performed
to interested parties in this preliminary
Case briefs or other written comments
may be submitted to the Assistant
Secretary for Enforcement and
Compliance no later than seven days
after the date on which the last
verification report is issued in this
investigation, unless the Secretary alters
the time limit. Rebuttal briefs, limited to
issues raised in case briefs, may be
submitted no later than five days after
the deadline date for case briefs.17
Pursuant to 19 CFR 351.309(c)(2) and
(d)(2), parties who submit case briefs or
rebuttal briefs in this investigation are
encouraged to submit with each
argument: (1) A statement of the issue;
(2) a brief summary of the argument;
and (3) a table of authorities.
Inc. (Abitibi-LP), Abitibi-LP Engineered Wood II
Inc. (Abitibi-LP II), Forest Products Mauricie LP
(Mauricie), Produits Forestiers Petit-Paris Inc.
´ ´
(Petit-Paris), Societe en commandite Scierie
´
Opitciwan (Opitciwan), 9265–7030 Quebec Inc.
(9265–7030 Inc.), are a single entity. See
Memorandum, ‘‘Antidumping Duty Investigation of
Certain Softwood Lumber from Canada: Resolute FP
Canada Inc. Preliminary Affiliation and Collapsing
Memorandum,’’ dated June 23, 2017.
15 The Department preliminarily determines that
Tolko and Gilbert Smith Forest Products Ltd. are a
single entity. See Memorandum, ‘‘Antidumping
Duty Investigation of Certain Softwood Lumber
from Canada: Tolko Industries Ltd. and Tolko
Marketing and Sales Ltd. Preliminary Affiliation
and Collapsing Memorandum,’’ dated June 23,
2017.
16 The Department preliminarily determines that
West Fraser and Blue Ridge Lumber Inc. (Blue
Ridge), Manning Forest Products Ltd. (Manning),
and Sundre Forest Products Inc. (Sundre) are a
single entity. See Memorandum, ‘‘Antidumping
Duty Investigation of Certain Softwood Lumber
from Canada: West Fraser Mills Ltd. Preliminary
Affiliation and Collapsing Memorandum,’’ dated
June 23, 2017.
17 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
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Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, limited to issues raised in the
case and rebuttal briefs, must submit a
written request to the Assistant
Secretary for Enforcement and
Compliance, U.S. Department of
Commerce, within 30 days after the date
of publication of this notice. Requests
should contain the party’s name,
address, and telephone number, the
number of participants, whether any
participant is a foreign national, and a
list of the issues to be discussed. If a
request for a hearing is made, the
Department intends to hold the hearing
at the U.S. Department of Commerce,
1401 Constitution Avenue NW.,
Washington, DC 20230, at a time and
date to be determined. Parties should
confirm by telephone the date, time, and
location of the hearing two days before
the scheduled date.
International Trade Commission
Notification
In accordance with section 733(f) of
the Act, the Department intends to
notify the International Trade
Commission (ITC) of its preliminary
affirmative determination. If the final
determination is affirmative, the ITC
will determine before the later of 120
days after the date of this preliminary
determination or 45 days after the final
determination whether these imports
are materially injuring, or threaten
material injury to, the U.S. industry.
Notification to Interested Parties
We intend to issue and publish this
notice in accordance with sections
733(f) and 777(i)(1) of the Act and 19
CFR 351.205(c).
Dated: June 23, 2017.
Ronald Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
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Appendix I
Scope of the Investigation
The merchandise covered by this
investigation is softwood lumber, siding,
flooring and certain other coniferous wood
(softwood lumber products). The scope
includes:
• Coniferous wood, sawn, or chipped
lengthwise, sliced or peeled, whether or not
planed, whether or not sanded, or whether or
not finger-jointed, of an actual thickness
exceeding six millimeters.
• Coniferous wood siding, flooring, and
other coniferous wood (other than moldings
and dowel rods), including strips and friezes
for parquet flooring, that is continuously
shaped (including, but not limited to,
tongued, grooved, rebated, chamfered, Vjointed, beaded, molded, rounded) along any
of its edges, ends, or faces, whether or not
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planed, whether or not sanded, or whether or
not end-jointed.
• Coniferous drilled and notched lumber
and angle cut lumber.
• Coniferous lumber stacked on edge and
fastened together with nails, whether or not
with plywood sheathing.
• Components or parts of semi-finished or
unassembled finished products made from
subject merchandise that would otherwise
meet the definition of the scope above.
Softwood lumber product imports are
generally entered under Chapter 44 of the
Harmonized Tariff Schedule of the United
States (HTSUS).18 This chapter of the HTSUS
covers ‘‘Wood and articles of wood.’’
Softwood lumber products that are subject to
this investigation are currently classifiable
under the following ten-digit HTSUS
subheadings in Chapter 44: 4407.10.01.01;
4407.10.01.02; 4407.10.01.15; 4407.10.01.16;
4407.10.01.17; 4407.10.01.18; 4407.10.01.19;
4407.10.01.20; 4407.10.01.42; 4407.10.01.43;
4407.10.01.44; 4407.10.01.45; 4407.10.01.46;
4407.10.01.47; 4407.10.01.48; 4407.10.01.49;
4407.10.01.52; 4407.10.01.53; 4407.10.01.54;
4407.10.01.55; 4407.10.01.56; 4407.10.01.57;
4407.10.01.58; 4407.10.01.59; 4407.10.01.64;
4407.10.01.65; 4407.10.01.66; 4407.10.01.67;
4407.10.01.68; 4407.10.01.69; 4407.10.01.74;
4407.10.01.75; 4407.10.01.76; 4407.10.01.77;
4407.10.01.82; 4407.10.01.83; 4407.10.01.92;
4407.10.01.93; 4409.10.05.00; 4409.10.10.20;
4409.10.10.40; 4409.10.10.60; 4409.10.10.80;
4409.10.20.00; 4409.10.90.20; 4409.10.90.40;
and 4418.99.10.00.
Subject merchandise as described above
might be identified on entry documentation
as stringers, square cut box-spring-frame
components, fence pickets, truss
components, pallet components, flooring,
and door and window frame parts. Items so
identified might be entered under the
following ten-digit HTSUS subheadings in
Chapter 44: 4415.20.40.00; 4415.20.80.00;
4418.99.90.05; 4418.99.90.20; 4418.99.90.40;
4418.99.90.95; 4421.91.70.40; and
4421.91.97.80.
Although these HTSUS subheadings are
provided for convenience and customs
purposes, the written description of the
scope of these investigations is dispositive.
The scope of the order excludes the
following items:
U.S.-origin lumber shipped to Canada for
processing and imported into the United
States is excluded from the scope of the
investigations if the processing occurring in
Canada is limited to one or more of the
following: (1) Kiln drying; (2) planing to
create smooth-to-size board; or (3) sanding.
Box-spring frame kits are excluded 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 must be radius-cut at both ends. The kits
must be individually packaged and must
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.
18 Throughout
this document, all references to the
HTSUS are based on the HTSUS as it exists at
https://hts.usitc.gov/current.
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Radius-cut box-spring-frame components,
not exceeding 1″ in actual thickness or 83″
in length, ready for assembly without further
processing are excluded. The radius cuts
must be present on both ends of the boards
and must be substantially cut so as to
completely round one corner.
Appendix II
List of Topics Discussed in the
Preliminary Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Critical Circumstances
V. Scope of the Investigation
VI. Scope Comments
VII. Affiliation and Collapsing of Affiliates
VIII. Discussion of the Methodology
A. Determination of the Comparison
Method
B. Results of the Differential Pricing
Analysis
IX. Product Comparisons
X. Date of Sale
XI. Random-Length Board Sales
XII. Export Price and Constructed Export
Price
XIII. Normal Value
A. Home Market Viability
B. Level of Trade
C. Cost of Production (COP) Analysis
1. Calculation of COP
2. Test of Comparison-Market Sales Prices
3. Results of the COP Test
D. Calculation of NV Based on
Comparison-Market Prices
E. Price-to-CV Comparisons
XIV. Currency Conversion
XV. Conclusion
[FR Doc. 2017–13794 Filed 6–29–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–549–834]
Citric Acid and Certain Citrate Salts
From Thailand: Initiation of
Countervailing Duty Investigation
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Effective June 22, 2017.
AGENCY:
John
Conniff at (202) 482–1009, AD/CVD
Operations, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
The Petition
On June 2, 2017, the Department of
Commerce (the Department) received a
countervailing duty (CVD) petition
concerning imports of citric acid and
E:\FR\FM\30JNN1.SGM
30JNN1
]]>Agencies
[Federal Register Volume 82, Number 125 (Friday, June 30, 2017)]
[Notices]
[Pages 29833-29836]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-13794]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-122-857]
Certain Softwood Lumber Products From Canada: Preliminary
Affirmative Determination of Sales at Less Than Fair Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) preliminarily
determines that certain softwood lumber products (softwood lumber) from
Canada is being, or is likely to be, sold in the United States at less
than fair value (LTFV). The period of investigation (POI) is October 1,
2015, through September 30, 2016.
DATES: Effective June 30, 2017.
FOR FURTHER INFORMATION CONTACT: Stephen Bailey or Thomas Martin, AD/
CVD Operations, Office IV, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW., Washington, DC 20230; telephone: (202) 482-0193 or (202)
482-3936, respectively.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
733(b) of the Tariff Act of 1930, as amended (the Act). The Department
published the notice of initiation of this investigation on December
22, 2016.\1\ On April 14, 2017, the Department postponed the
preliminary determination of this investigation and the revised
deadline is now June 23, 2017.\2\ On April 13, 2017, the Department
preliminarily determined that critical circumstances exist.\3\ For a
complete description of the events that followed the initiation of this
investigation, see the Preliminary
[[Page 29834]]
Decision Memorandum.\4\ A list of topics included in the Preliminary
Decision Memorandum is included as Appendix II to this notice. The
Preliminary Decision Memorandum is a public document and is on file
electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users at https://access.trade.gov,
and to all parties in the Central Records Unit, Room B8024 of the main
Department of Commerce building. In addition, a complete version of the
Preliminary Decision Memorandum can be accessed directly at https://enforcement.trade.gov/frn/. The signed and the electronic versions of
the Preliminary Decision Memorandum are identical in content.
---------------------------------------------------------------------------
\1\ See Certain Softwood Lumber Products from Canada: Initiation
of Less-Than-Fair-Value Investigation, 81 FR 93892 (December 22,
2016) (Initiation Notice).
\2\ See Certain Softwood Lumber Products from Canada:
Postponement of Preliminary Determination of Antidumping Duty
Investigation, 82 FR 18421 (April 19, 2017).
\3\ See Antidumping and Countervailing Duty Investigations of
Certain Softwood Lumber Products From Canada: Preliminary
Determinations of Critical Circumstances, 82 FR 19219 (April 26,
2017) (Preliminary Critical Circumstances Determinations).
\4\ See Preliminary Decision Memorandum.
---------------------------------------------------------------------------
Scope of the Investigation
The product covered by this investigation is softwood lumber from
Canada. For a complete description of the scope of this investigation,
see Appendix I.
Scope Comments
In accordance with the preamble to the Department's regulations,\5\
the Initiation Notice set aside a period of time for interested parties
to raise issues regarding product coverage (i.e., scope).\6\ Certain
interested parties commented on the scope of the investigation as it
appeared in the Initiation Notice. For a summary of the product
coverage comments and rebuttal responses submitted to the record for
this preliminary determination, and accompanying discussion and
analysis of all comments timely received, see the Scope Decision.\7\
The Department is preliminarily modifying the scope language as it
appeared in the Initiation Notice. See the revised scope in Appendix I
to this notice. Furthermore, the Department has proposed additional
changes to the scope language and has invited further input from the
interested parties.\8\ Finally, the Department has responded to the
Committee Overseeing Action for Lumber International Trade
Investigations or Negotiations' (the petitioner's) request to amend the
petition to exclude Atlantic Lumber Board (ALB)-certified lumber from
the scope of the antidumping and countervailing duty (CVD)
investigations.\9\
---------------------------------------------------------------------------
\5\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\6\ See Initiation Notice.
\7\ See Memorandum, ``Certain Softwood Lumber Products from
Canada: Scope Decision,'' dated concurrently with this preliminary
determination (Scope Decision).
\8\ Id.
\9\ See Memorandum, ``Decision Memorandum for Exclusion of
Certain Softwood Lumber Products Certified By the Atlantic Lumber
Board in the Antidumping Duty and Countervailing Duty Investigations
of Certain Softwood Lumber Products from Canada,'' dated June 23,
2017 (ALB Decision Memorandum) where the Department preliminarily
excluded from the scope softwood lumber products certified by the
ALB as being first produced in the Provinces of Newfoundland and
Labrador, Nova Scotia, or Prince Edward Island from logs harvested
in these three provinces. However, as noted in the ALB Decision
Memorandum, U.S. Customs and Border Protection (CBP) has not yet
begun collecting ALB certifications, and the Department needs
assurance that CBP will have a system in place to collect the
certifications before we permit these products to be excluded. Thus,
CBP will continue to suspend liquidation of entries of merchandise
subject to the CVD investigation, and we will instruct CBP to begin
suspension of liquidation of merchandise subject to this
investigation. If there are no changes to the preliminary decision
to exclude this merchandise, at the final determination, the
Department will instruct CBP to stop suspension of liquidation of
the merchandise subject to the exclusion and to refund cash
deposits.
---------------------------------------------------------------------------
Particular Market Situation (PMS) Allegation
On May 15, 2017, the petitioner alleged that certain particular
market situations exist within the Canadian lumber industry.\10\ The
petitioner's PMS allegation asserts that the Government of Canada (GOC)
increased the demand for lumber byproducts by establishing and
supporting bioenergy, electricity and stumpage programs. The petitioner
alleges that the demand created by these programs caused an increase in
the production of byproducts, which, in turn, increased the production
of lumber. The petitioner asserts that the only remedy for addressing
the distortion to the cost of production (COP) caused by the GOC's
interventions is to deny the byproduct offset to COP claimed by the
respondents.
---------------------------------------------------------------------------
\10\ See Letter from the petitioner to the Secretary, regarding
``Certain Softwood Lumber Products from Canada: Particular Market
Situation Regarding Respondents' Cost of Production,'' dated May 15,
2017 (PMS allegation).
---------------------------------------------------------------------------
Specifically, regarding bioenergy programs, the petitioner alleges
that the GOC has increased the demand for lumber byproducts by
encouraging the development of energy from biomass, including wood
chips from lumber. Regarding electricity, the petitioner alleges that
the GOC has instituted certain energy initiatives that allow sawmills
and consumers of lumber byproducts to either reduce or offset their
electricity costs. The petitioner alleges these actions have decreased
the electricity costs associated with producing lumber and lumber
byproducts, which, in turn, distorts the COP of lumber producers. For
stumpage, the petitioner alleges that lumber producers are able to
obtain a steady supply of subsidized logs, which then enables them to
meet the increased demand for byproducts.
The Department finds that the petitioner's presentation and
discussion of the bioenergy, electricity and stumpage programs promoted
by the GOC, substantiates the petitioner's allegations that such
interventions and subsidies may have distorted the byproduct market and
consequently the COP of lumber producers. The Department intends to
further investigate and analyze the alleged distortions to COP raised
by the petitioner in its PMS allegation. We intend to issue a schedule
to provide deadlines for interested parties to submit further factual
information related to the PMS allegation. We also intend to issue a
supplemental questionnaire to all interested parties to obtain
additional information to aid us in the analysis of the petitioner's
PMS allegation. For further discussion of this matter, refer to the PMS
Allegation Memorandum.\11\
---------------------------------------------------------------------------
\11\ See Memorandum, ``Less-Than-Fair-Value Investigation of
Certain Softwood Lumber Products from Canada: Particular Market
Situation Allegation,'' dated concurrently with this memorandum (PMS
Allegation Memorandum).
---------------------------------------------------------------------------
Methodology
The Department is conducting this investigation in accordance with
section 731 of the Act. The Department has calculated export prices in
accordance with section 772(a) of the Act. Constructed export prices
have been calculated in accordance with section 772(b) of the Act.
Normal value (NV) is calculated in accordance with section 773 of the
Act. For a full description of the methodology underlying the
preliminary determination, see the Preliminary Decision Memorandum.
Preliminary Affirmative Determination of Critical Circumstances, in
Part
As explained above, on April 13, 2017, the Department preliminarily
determined that critical circumstances exist for all-others and do not
exist for Canfor, Resolute, Tolko, and West Fraser. For a full
description of the methodology and results of the Department's critical
circumstances analysis, see the Preliminary Critical Circumstances
Determinations.
All-Others Rate
Sections 733(d)(1)(ii) and 735(c)(5)(A) of the Act provide that in
the preliminary determination the Department shall determine an
[[Page 29835]]
estimated all-others rate for all exporters and producers not
individually examined. This rate shall be an amount equal to the
weighted average of the estimated weighted-average dumping margins
established for exporters and producers individually investigated,
excluding any zero and de minimis margins, and any margins determined
entirely under section 776 of the Act.
In this investigation, the Department calculated estimated
weighted-average dumping margins for Canfor, Resolute, Tolko, and West
Fraser, none of which are zero, de minimis, or based entirely on facts
otherwise available. The Department calculated the all-others' rate
using a weighted-average of the estimated weighted-average dumping
margins calculated for the examined respondents using each company's
business proprietary data for the merchandise under consideration.\12\
---------------------------------------------------------------------------
\12\ For a complete analysis of the data, please see the All-
Others Calculation Memorandum dated concurrently with this notice.
---------------------------------------------------------------------------
Preliminary Determination
The Department preliminarily determines that the following
estimated weighted-average dumping margins exist:
---------------------------------------------------------------------------
\13\ The Department preliminarily determines that Canfor,
Canadian Forest Products Ltd., and Canfor Wood Products Marketing
Ltd. are a single entity. See Memorandum, ``Antidumping Duty
Investigation of Certain Softwood Lumber from Canada: Tolko
Industries Ltd. and Tolko Marketing and Sales Ltd. Preliminary
Affiliation and Collapsing Memorandum,'' dated June 23, 2017.
\14\ The Department preliminarily determines that Resolute and
Resolute Growth Canada Inc. (Resolute Growth), Abitibi-LP Engineered
Wood Inc. (Abitibi-LP), Abitibi-LP Engineered Wood II Inc. (Abitibi-
LP II), Forest Products Mauricie LP (Mauricie), Produits Forestiers
Petit-Paris Inc. (Petit-Paris), Soci[eacute]t[eacute] en commandite
Scierie Opitciwan (Opitciwan), 9265-7030 Qu[eacute]bec Inc. (9265-
7030 Inc.), are a single entity. See Memorandum, ``Antidumping Duty
Investigation of Certain Softwood Lumber from Canada: Resolute FP
Canada Inc. Preliminary Affiliation and Collapsing Memorandum,''
dated June 23, 2017.
\15\ The Department preliminarily determines that Tolko and
Gilbert Smith Forest Products Ltd. are a single entity. See
Memorandum, ``Antidumping Duty Investigation of Certain Softwood
Lumber from Canada: Tolko Industries Ltd. and Tolko Marketing and
Sales Ltd. Preliminary Affiliation and Collapsing Memorandum,''
dated June 23, 2017.
\16\ The Department preliminarily determines that West Fraser
and Blue Ridge Lumber Inc. (Blue Ridge), Manning Forest Products
Ltd. (Manning), and Sundre Forest Products Inc. (Sundre) are a
single entity. See Memorandum, ``Antidumping Duty Investigation of
Certain Softwood Lumber from Canada: West Fraser Mills Ltd.
Preliminary Affiliation and Collapsing Memorandum,'' dated June 23,
2017.
------------------------------------------------------------------------
Estimated weighted-
Exporter/producer average dumping
margins (percent)
------------------------------------------------------------------------
Canfor Corporation, Canadian Forest Products Ltd., 7.72
and Canfor Wood Products Marketing Ltd \13\........
Resolute FP Canada Inc \14\......................... 4.59
Tolko Marketing and Sales Ltd. and Tolko Industries 7.53
Ltd \15\...........................................
West Fraser Mills Ltd \16\.......................... 6.76
All-Others.......................................... 6.87
------------------------------------------------------------------------
Suspension of Liquidation
In accordance with section 733(d)(2) of the Act, the Department
will direct CBP to suspend liquidation of entries of subject
merchandise, as described in Appendix I, entered, or withdrawn from
warehouse, for consumption on or after the date of publication of this
notice in the Federal Register. Further, pursuant to section
733(d)(1)(B) of the Act and 19 CFR 351.205(d), the Department will
instruct CBP to require a cash deposit equal to the estimated weighted-
average dumping margin or the estimated all-others rate, as follows:
(1) The cash deposit rate for the respondents listed above will be
equal to the company-specific estimated weighted-average dumping
margins determined in this preliminary determination; (2) if the
exporter is not a respondent identified above, but the producer is,
then the cash deposit rate will be equal to the company-specific
estimated weighted-average dumping margin established for that producer
of the subject merchandise; and (3) the cash deposit rate for all other
producers and exporters will be equal to the all-others estimated
weighted-average dumping margin.
Section 733(e)(2) of the Act provides that, given an affirmative
determination of critical circumstances, any suspension of liquidation
shall apply to unliquidated entries of subject merchandise entered, or
withdrawn from warehouse, for consumption on or after the later of (a)
the date which is 90 days before the date on which the suspension of
liquidation was first ordered, or (b) the date on which notice of
initiation of the investigation was published. As discussed in
Preliminary Critical Circumstances Determinations, the Department
preliminarily found that critical circumstances exist for imports of
subject merchandise shipped by the companies subject to the all-others
rate. In accordance with section 733(e)(2)(A) of the Act, the
suspension of liquidation shall apply to unliquidated entries of
shipments of subject merchandise from companies subject to the all-
others rate that were entered, or withdrawn from warehouse, for
consumption on or after the date which is 90 days before the
publication of this notice.
Disclosure
The Department intends to disclose its calculations and analysis
performed to interested parties in this preliminary determination
within five days of any public announcement or, if there is no public
announcement, within five days of the date of publication of this
notice in accordance with 19 CFR 351.224(b).
Verification
As provided in section 782(i)(1) of the Act, the Department intends
to verify the information relied upon in making its final
determination.
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance no later than seven
days after the date on which the last verification report is issued in
this investigation, unless the Secretary alters the time limit.
Rebuttal briefs, limited to issues raised in case briefs, may be
submitted no later than five days after the deadline date for case
briefs.\17\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who
submit case briefs or rebuttal briefs in this investigation are
encouraged to submit with each argument: (1) A statement of the issue;
(2) a brief summary of the argument; and (3) a table of authorities.
---------------------------------------------------------------------------
\17\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
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[[Page 29836]]
Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce, within 30 days
after the date of publication of this notice. Requests should contain
the party's name, address, and telephone number, the number of
participants, whether any participant is a foreign national, and a list
of the issues to be discussed. If a request for a hearing is made, the
Department intends to hold the hearing at the U.S. Department of
Commerce, 1401 Constitution Avenue NW., Washington, DC 20230, at a time
and date to be determined. Parties should confirm by telephone the
date, time, and location of the hearing two days before the scheduled
date.
International Trade Commission Notification
In accordance with section 733(f) of the Act, the Department
intends to notify the International Trade Commission (ITC) of its
preliminary affirmative determination. If the final determination is
affirmative, the ITC will determine before the later of 120 days after
the date of this preliminary determination or 45 days after the final
determination whether these imports are materially injuring, or
threaten material injury to, the U.S. industry.
Notification to Interested Parties
We intend to issue and publish this notice in accordance with
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).
Dated: June 23, 2017.
Ronald Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix I
Scope of the Investigation
The merchandise covered by this investigation is softwood
lumber, siding, flooring and certain other coniferous wood (softwood
lumber products). The scope includes:
Coniferous wood, sawn, or chipped lengthwise, sliced or
peeled, whether or not planed, whether or not sanded, or whether or
not finger-jointed, of an actual thickness exceeding six
millimeters.
Coniferous wood siding, flooring, and other coniferous
wood (other than moldings and dowel rods), including strips and
friezes for parquet flooring, that is continuously shaped
(including, but not limited to, tongued, grooved, rebated,
chamfered, V-jointed, beaded, molded, rounded) along any of its
edges, ends, or faces, whether or not planed, whether or not sanded,
or whether or not end-jointed.
Coniferous drilled and notched lumber and angle cut
lumber.
Coniferous lumber stacked on edge and fastened together
with nails, whether or not with plywood sheathing.
Components or parts of semi-finished or unassembled
finished products made from subject merchandise that would otherwise
meet the definition of the scope above.
Softwood lumber product imports are generally entered under
Chapter 44 of the Harmonized Tariff Schedule of the United States
(HTSUS).\18\ This chapter of the HTSUS covers ``Wood and articles of
wood.'' Softwood lumber products that are subject to this
investigation are currently classifiable under the following ten-
digit HTSUS subheadings in Chapter 44: 4407.10.01.01; 4407.10.01.02;
4407.10.01.15; 4407.10.01.16; 4407.10.01.17; 4407.10.01.18;
4407.10.01.19; 4407.10.01.20; 4407.10.01.42; 4407.10.01.43;
4407.10.01.44; 4407.10.01.45; 4407.10.01.46; 4407.10.01.47;
4407.10.01.48; 4407.10.01.49; 4407.10.01.52; 4407.10.01.53;
4407.10.01.54; 4407.10.01.55; 4407.10.01.56; 4407.10.01.57;
4407.10.01.58; 4407.10.01.59; 4407.10.01.64; 4407.10.01.65;
4407.10.01.66; 4407.10.01.67; 4407.10.01.68; 4407.10.01.69;
4407.10.01.74; 4407.10.01.75; 4407.10.01.76; 4407.10.01.77;
4407.10.01.82; 4407.10.01.83; 4407.10.01.92; 4407.10.01.93;
4409.10.05.00; 4409.10.10.20; 4409.10.10.40; 4409.10.10.60;
4409.10.10.80; 4409.10.20.00; 4409.10.90.20; 4409.10.90.40; and
4418.99.10.00.
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\18\ Throughout this document, all references to the HTSUS are
based on the HTSUS as it exists at https://hts.usitc.gov/current.
---------------------------------------------------------------------------
Subject merchandise as described above might be identified on
entry documentation as stringers, square cut box-spring-frame
components, fence pickets, truss components, pallet components,
flooring, and door and window frame parts. Items so identified might
be entered under the following ten-digit HTSUS subheadings in
Chapter 44: 4415.20.40.00; 4415.20.80.00; 4418.99.90.05;
4418.99.90.20; 4418.99.90.40; 4418.99.90.95; 4421.91.70.40; and
4421.91.97.80.
Although these HTSUS subheadings are provided for convenience
and customs purposes, the written description of the scope of these
investigations is dispositive.
The scope of the order excludes the following items:
U.S.-origin lumber shipped to Canada for processing and imported
into the United States is excluded from the scope of the
investigations if the processing occurring in Canada is limited to
one or more of the following: (1) Kiln drying; (2) planing to create
smooth-to-size board; or (3) sanding.
Box-spring frame kits are excluded 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 must be radius-
cut at both ends. The kits must be individually packaged and must
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 are excluded. The radius cuts must be present on
both ends of the boards and must be substantially cut so as to
completely round one corner.
Appendix II
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Critical Circumstances
V. Scope of the Investigation
VI. Scope Comments
VII. Affiliation and Collapsing of Affiliates
VIII. Discussion of the Methodology
A. Determination of the Comparison Method
B. Results of the Differential Pricing Analysis
IX. Product Comparisons
X. Date of Sale
XI. Random-Length Board Sales
XII. Export Price and Constructed Export Price
XIII. Normal Value
A. Home Market Viability
B. Level of Trade
C. Cost of Production (COP) Analysis
1. Calculation of COP
2. Test of Comparison-Market Sales Prices
3. Results of the COP Test
D. Calculation of NV Based on Comparison-Market Prices
E. Price-to-CV Comparisons
XIV. Currency Conversion
XV. Conclusion
[FR Doc. 2017-13794 Filed 6-29-17; 8:45 am]
BILLING CODE 3510-DS-P
