Certain Softwood Lumber Products From Canada: Postponement of Final Determination of Less-Than-Fair-Value Investigation and Extension of Provisional Measures, 41609-41610 [2017-18643]

Download as PDF Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices characteristics are excluded from the scope of the Order: Novelty jumbo pencils that are octagonal in shape, approximately ten inches long, one inch in diameter before sharpening, and three-and-one eighth inches in circumference, composed of turned wood encasing one-and-one half inches of sharpened lead on one end and a rubber eraser on the other end. The HTSUS subheadings are provided for convenience and customs purposes only; the written description of the merchandise covered by the scope of the Order is dispositive. Continuation of the Order As a result of the determinations by the Department and the ITC that revocation of the Order would likely lead to continuation or recurrence of dumping and material injury to an industry in the United States, pursuant to section 751(d)(2) of the Act and 19 CFR 351.218(a), the Department hereby orders the continuation of the Order on certain cased pencils from the PRC. U.S. Customs and Border Protection will continue to collect AD cash deposits at the rates in effect at the time of entry for all imports of subject merchandise. The effective date of the continuation of the Order will be the date of publication in the Federal Register of this notice of continuation. Pursuant to section 751(c)(2) of the Act, the Department intends to initiate the next five-year review of the Order not later than 30 days prior to the fifth anniversary of the effective date of continuation. This five-year sunset review and this notice are in accordance with section 751(c) of the Act and published pursuant to section 777(i)(1) of the Act and 19 CFR 351.218(f)(4). Dated: August 28, 2017. Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. [FR Doc. 2017–18588 Filed 8–31–17; 8:45 am] sradovich on DSK3GMQ082PROD with NOTICES BILLING CODE 3510–DS–P VerDate Sep<11>2014 17:53 Aug 31, 2017 Jkt 241001 DEPARTMENT OF COMMERCE International Trade Administration [A–122–857] Certain Softwood Lumber Products From Canada: Postponement of Final Determination of Less-Than-Fair-Value Investigation and Extension of Provisional Measures Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) is postponing until November 13, 2017, the deadline for issuing the final determination in the less-than-fair-value (LTFV) investigation of certain softwood lumber products (softwood lumber) from Canada, and is extending the provisional measures from a four-month period to a period of not more than six months. As the deadline for the final determination of the countervailing duty (CVD) investigation of softwood lumber from Canada is aligned with the deadline for the final determination of the LTFV investigation, the final CVD determination will also be issued no later than November 13, 2017. DATES: Applicable September 1, 2017. FOR FURTHER INFORMATION CONTACT: Stephen Bailey, 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. SUPPLEMENTARY INFORMATION: AGENCY: Background On April 28, 2017, and June 30, 2017, respectively, the Department published its preliminary determinations in the CVD and LTFV investigations of softwood lumber from Canada.1 In the CVD Preliminary Determination, at the request of the petitioner,2 the Department aligned the final deadline for the CVD investigation with the final determination of the LTFV investigation.3 1 See Certain Softwood Lumber Products from Canada: Preliminary Affirmative Countervailing Duty Determination, and Alignment of Final Determination with Final Antidumping Duty Determination, 82 FR 19657 (April 28, 2017) (CVD Preliminary Determination) and Certain Softwood Lumber Products from Canada: Preliminary Affirmative Determination of Sales at Less Than Fair Value, 82 FR 29833 (June 30, 2017) (LTFV Preliminary Determination). 2 The Committee Overseeing Action for Lumber International Trade Investigations or Negotiations (the petitioner). 3 See CVD Preliminary Determination, 82 FR at 19657–19658. PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 41609 On May 26, 2017, and June 26, 2017, Canfor Corporation (Canfor), Resolute FP Canada Inc. (Resolute), Tolko Marketing and Sales Ltd. and Tolko Industries Ltd. (Tolko), and West Fraser Mills Ltd., (West Fraser) (collectively, the Company Respondents), requested that the Department fully extend the deadline for the final LTFV determination, and extend the application of the provisional measures from a four-month period to a period of not more than six months.4 Postponement of Final LTFV Determination and Aligned Final CVD Determination Given the complexity of these investigations and the volume of information on the records of these proceedings that needs to be analyzed, the Department finds that postponement is warranted in the LTFV investigation and the aligned CVD investigation covering softwood lumber from Canada. Further, because of the ongoing discussions between the Governments of the United States and Canada focusing on a durable solution to this long-standing trade dispute, postponement of these aligned investigations is also warranted. This additional time will afford the Department the time to both address the factual and legal matters on the records of these proceedings, as well as continue discussions on this broader cross-border trade dispute. Therefore, pursuant to 735(a)(2)(A) of the Tariff Act of 1930, as amended, the Department is (1) postponing the LTFV final determination until no later than November 13, 2017, which is 135 days after the date of the publication of the LTFV Preliminary Determination, and (2) extending the provisional measures from a four-month period to a period of not more than six months. Further, as noted above, because the CVD investigation is aligned with the LTFV investigation, the Department will also issue its final determination in the CVD investigation no later than November 13, 2017.5 This notice is issued and published pursuant to 19 CFR 351.210(g). 4 See Letters from Canfor, Resolute, Tolko, and West Fraser dated May 26, 2017, June 26, 2017, May 26, 2017, and May 26, 2017, respectively. 5 Postponing the final determinations to 135 days after the publication of the LTFV Preliminary Determination would place the deadline on Sunday, November 12, 2017. The Department’s practice dictates that where a deadline falls on a weekend or federal holiday, the appropriate deadline is the next business day. See Notice of Clarification: Application of ‘‘Next Business Day’’ Rule for Administrative Determination Deadlines Pursuant to the Tariff Act of 1930, As Amended, 70 FR 24533 (May 10, 2005). E:\FR\FM\01SEN1.SGM 01SEN1 41610 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices Dated: August 28, 2017. Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, Performing the Non-Exclusive Functions and Duties of the Assistant Secretary for Enforcement and Compliance. Memorandum which is hereby adopted by this notice.2 Scope of the Orders sradovich on DSK3GMQ082PROD with NOTICES The merchandise covered by the Orders 3 is uncoated paper. Uncoated paper subject to the Orders is currently [FR Doc. 2017–18643 Filed 8–31–17; 8:45 am] classifiable in the Harmonized Tariff BILLING CODE 3510–DS–P Schedule of the United States (HTSUS) at subheadings 4802.56.1000, 4802.56.2000, 4802.56.3000, DEPARTMENT OF COMMERCE 4802.56.4000, 4802.56.6000, International Trade Administration 4802.56.7020, 4802.56.7040, 4802.57.1000, 4802.57.2000, [A–602–807, A–351–842, A–570–022, C–570– 4802.57.3000, and 4802.57.4000. Some 023, A–560–828, C–560–829, A–471–807] imports of subject merchandise may also be classified under 4802.62.1000, Certain Uncoated Paper From Australia, Brazil, the People’s Republic 4802.62.2000, 4802.62.3000, of China, Indonesia, and Portugal: 4802.62.5000, 4802.62.6020, Affirmative Final Determination of 4802.62.6040, 4802.69.1000, Circumvention of the Antidumping and 4802.69.2000, 4802.69.3000, Countervailing Duty Orders 4811.90.8050 and 4811.90.9080. The HTSUS subheadings are provided for AGENCY: Enforcement and Compliance, convenience and customs purposes; the International Trade Administration, written description of the scope of the Department of Commerce. Orders is dispositive.4 DATES: Applicable September 1, 2017. SUMMARY: The Department of Commerce Scope of the Anti-Circumvention (Department) determines that imports of Inquiry uncoated paper with a GE brightness of The merchandise subject to this anti83 ±1% (83 Bright paper), otherwise circumvention inquiry consists of 83 meeting the description of in-scope merchandise, from Australia, Brazil, the Bright paper with a GE brightness of 83 ±1%, and otherwise meeting the People’s Republic of China, Indonesia, description of the scope of the Orders. and Portugal constitute merchandise ‘‘altered in form or appearance in minor On August 1, 2016, the petitioners clarified that, consistent with 19 CFR respects’’ from in-scope merchandise 351.225(m), they intended for the are subject to the antidumping duty Department to conduct a single anti(AD) and countervailing duty (CVD) circumvention inquiry and issue a orders on certain uncoated paper single ruling applicable to each of the (uncoated paper). Orders. Therefore, in accordance with FOR FURTHER INFORMATION CONTACT: 19 CFR 351.225(m), we find it William Miller at (202) 482–3906, AD/ appropriate to apply the results of this CVD Operations, Enforcement and inquiry to each of the Orders.5 Compliance, U.S. Department of Commerce, 1401 Constitution Avenue 2 See Memorandum, ‘‘Issues and Decision NW., Washington, DC 20230. Memorandum for the Final Affirmative SUPPLEMENTARY INFORMATION: Determination of Circumvention of the Background On June 9, 2017, the Department published the Preliminary Determination of the anti-circumvention inquiry of 83 Bright paper from Australia, Brazil, the People’s Republic of China, Indonesia, and Portugal.1 A summary of the events that occurred since the Department published the Preliminary Determination, as well as a full discussion of the issues raised by parties for this final determination, may be found in the Issues and Decision 1 See Certain Uncoated Paper from Australia, Brazil, the People’s Republic of China, Indonesia, and Portugal: Affirmative Preliminary Determination of Circumvention of the Antidumping and Countervailing Duty Orders; 82 FR 26778 (June 9, 2017). VerDate Sep<11>2014 17:53 Aug 31, 2017 Jkt 241001 Antidumping and Countervailing Duty Orders on Certain Uncoated Paper from Australia, Brazil, the People’s Republic of China, Indonesia, and Portugal’’ (Issues and Decision Memorandum), dated concurrently with this determination and hereby adopted by this notice. 3 See Certain Uncoated Paper from Australia, Brazil, Indonesia, the People’s Republic of China, and Portugal: Amended Final Affirmative Antidumping Determinations for Brazil and Indonesia and Antidumping Duty Orders; 81 FR 11174 (March 3, 2016) and Certain Uncoated Paper from Indonesia and the People’s Republic of China: Amended Final Affirmative Countervailing Duty Determination and Countervailing Duty Order (Indonesia) and Countervailing Duty Order (People’s Republic of China); 81 FR 11187, (March 3, 2016) (collectively, the Orders). 4 A full description of the scope of the Orders is contained in the Issues and Decision Memorandum. 5 See Certain Uncoated Paper from Australia, Brazil, Indonesia, the People’s Republic of China, and Portugal: Initiation of Anti-Circumvention Inquiry, 81 FR 78117 (November 7, 2016). PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 Methodology The Department conducted this anticircumvention determination in accordance with section 781(c) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.225(i). For a full description of the methodology underlying our conclusions, see the Issues and Decision Memorandum. A list of the topics discussed is attached to this notice in the Appendix. The Issues and Decision Memorandum is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered user at https:// access.trade.gov and is available to all parties in the Central Records Unit, Room B–8024 of the main Department of Commerce building. In addition, a complete public version of the Issues and Decision Memorandum can be accessed directly at https:// enforcement.trade.gov/frn/. The signed and electronic versions of the Issues and Decision Memorandum are identical in content. Final Affirmative Determination of Circumvention As detailed in the Issues and Decision Memorandum, we determine, pursuant to section 781(c) of the Act and 19 CFR 351.225(i), that imports of 83 Bright paper, otherwise meeting the description of in-scope merchandise, constitute merchandise ‘‘altered in form or appearance in minor respects’’ from in-scope merchandise and are subject to the Orders. Suspension of Liquidation In accordance with 19 CFR 351.225(l)(2), we are directing U.S. Customs and Border Protection (CBP) to continue to suspend liquidation of entries of 83 Bright paper entered, or withdrawn from warehouse, for consumption on or after November 7, 2016, the date of publication of the initiation of this inquiry, until appropriate liquidation instructions are issued. We will also instruct CBP to continue to require a cash deposit of estimated duties at the applicable rates for each unliquidated entry of the product entered, or withdrawn from warehouse, for consumption on or after November 7, 2016, in accordance with 19 CFR 351.225(l)(2). E:\FR\FM\01SEN1.SGM 01SEN1

Agencies

[Federal Register Volume 82, Number 169 (Friday, September 1, 2017)]
[Notices]
[Pages 41609-41610]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-18643]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-122-857]


Certain Softwood Lumber Products From Canada: Postponement of 
Final Determination of Less-Than-Fair-Value Investigation and Extension 
of Provisional Measures

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (the Department) is postponing 
until November 13, 2017, the deadline for issuing the final 
determination in the less-than-fair-value (LTFV) investigation of 
certain softwood lumber products (softwood lumber) from Canada, and is 
extending the provisional measures from a four-month period to a period 
of not more than six months. As the deadline for the final 
determination of the countervailing duty (CVD) investigation of 
softwood lumber from Canada is aligned with the deadline for the final 
determination of the LTFV investigation, the final CVD determination 
will also be issued no later than November 13, 2017.

DATES: Applicable September 1, 2017.

FOR FURTHER INFORMATION CONTACT: Stephen Bailey, 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.

SUPPLEMENTARY INFORMATION: 

Background

    On April 28, 2017, and June 30, 2017, respectively, the Department 
published its preliminary determinations in the CVD and LTFV 
investigations of softwood lumber from Canada.\1\ In the CVD 
Preliminary Determination, at the request of the petitioner,\2\ the 
Department aligned the final deadline for the CVD investigation with 
the final determination of the LTFV investigation.\3\
---------------------------------------------------------------------------

    \1\ See Certain Softwood Lumber Products from Canada: 
Preliminary Affirmative Countervailing Duty Determination, and 
Alignment of Final Determination with Final Antidumping Duty 
Determination, 82 FR 19657 (April 28, 2017) (CVD Preliminary 
Determination) and Certain Softwood Lumber Products from Canada: 
Preliminary Affirmative Determination of Sales at Less Than Fair 
Value, 82 FR 29833 (June 30, 2017) (LTFV Preliminary Determination).
    \2\ The Committee Overseeing Action for Lumber International 
Trade Investigations or Negotiations (the petitioner).
    \3\ See CVD Preliminary Determination, 82 FR at 19657-19658.
---------------------------------------------------------------------------

    On May 26, 2017, and June 26, 2017, Canfor Corporation (Canfor), 
Resolute FP Canada Inc. (Resolute), Tolko Marketing and Sales Ltd. and 
Tolko Industries Ltd. (Tolko), and West Fraser Mills Ltd., (West 
Fraser) (collectively, the Company Respondents), requested that the 
Department fully extend the deadline for the final LTFV determination, 
and extend the application of the provisional measures from a four-
month period to a period of not more than six months.\4\
---------------------------------------------------------------------------

    \4\ See Letters from Canfor, Resolute, Tolko, and West Fraser 
dated May 26, 2017, June 26, 2017, May 26, 2017, and May 26, 2017, 
respectively.
---------------------------------------------------------------------------

Postponement of Final LTFV Determination and Aligned Final CVD 
Determination

    Given the complexity of these investigations and the volume of 
information on the records of these proceedings that needs to be 
analyzed, the Department finds that postponement is warranted in the 
LTFV investigation and the aligned CVD investigation covering softwood 
lumber from Canada. Further, because of the ongoing discussions between 
the Governments of the United States and Canada focusing on a durable 
solution to this long-standing trade dispute, postponement of these 
aligned investigations is also warranted. This additional time will 
afford the Department the time to both address the factual and legal 
matters on the records of these proceedings, as well as continue 
discussions on this broader cross-border trade dispute.
    Therefore, pursuant to 735(a)(2)(A) of the Tariff Act of 1930, as 
amended, the Department is (1) postponing the LTFV final determination 
until no later than November 13, 2017, which is 135 days after the date 
of the publication of the LTFV Preliminary Determination, and (2) 
extending the provisional measures from a four-month period to a period 
of not more than six months. Further, as noted above, because the CVD 
investigation is aligned with the LTFV investigation, the Department 
will also issue its final determination in the CVD investigation no 
later than November 13, 2017.\5\
---------------------------------------------------------------------------

    \5\ Postponing the final determinations to 135 days after the 
publication of the LTFV Preliminary Determination would place the 
deadline on Sunday, November 12, 2017. The Department's practice 
dictates that where a deadline falls on a weekend or federal 
holiday, the appropriate deadline is the next business day. See 
Notice of Clarification: Application of ``Next Business Day'' Rule 
for Administrative Determination Deadlines Pursuant to the Tariff 
Act of 1930, As Amended, 70 FR 24533 (May 10, 2005).
---------------------------------------------------------------------------

    This notice is issued and published pursuant to 19 CFR 351.210(g).


[[Page 41610]]


    Dated: August 28, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, Performing the Non-Exclusive Functions and Duties of the 
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2017-18643 Filed 8-31-17; 8:45 am]
BILLING CODE 3510-DS-P

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