Certain Softwood Lumber Products From Canada: Final Affirmative Determination of Sales at Less Than Fair Value and Affirmative Final Determination of Critical Circumstances, 51806-51810 [2017-24203]
Download as PDF
<![CDATA[
ethrower on DSK3G9T082PROD with NOTICES
51806
Federal Register / Vol. 82, No. 215 / Wednesday, November 8, 2017 / Notices
produced as part of Phase 3 of the 2020
Census Redistricting Data Program.
The 2020 Census Redistricting Data
Program was initially announced on
July 15, 2014, in the Federal Register
(79 FR 41258). This notice described the
program that the Census Bureau
proposed to adopt for the 2020 Census.
As seen in the 1990, 2000, and 2010
censuses, the 2020 Census Redistricting
Data Program is partitioned into several
phases. Phase 1, the Block Boundary
Suggestion Project, was announced in a
Federal Register notice on June 26, 2015
(80 FR 36765). This notice described the
procedures for the states to provide the
Census Bureau with their suggestions
for the 2020 Census tabulation block
inventory. Phase 2, the Voting District
Project, was announced in a Federal
Register notice on June 28, 2017 (82 FR
29276). This second phase specifically
provides states the opportunity to
provide the Census Bureau with their
voting district boundaries (election
precincts, wards, etc.). Phase 3 of the
2020 Redistricting Data Program is data
delivery.
The Census Bureau will produce, in
preparation for Phase 3, a prototype
2020 Census Public Law 94–171
Redistricting Data File from the 2018
End-to-End Census Test. This prototype
product will be delivered to official
recipients and the public in early 2019.
The content of this prototype product,
which includes population counts by
race and ethnicity, is meant to simulate
the official product that will be
produced as the 2020 Census Public
Law 94–171 Redistricting Data File,
delivered in early 2021. This prototype
should not be interpreted, however, as
signifying that a design decision for
collecting race and ethnicity data has
been made for the 2020 Census.
The U.S. Office of Management and
Budget (OMB) is currently reviewing
proposed revisions to the Standards for
Maintaining, Collecting, and Presenting
Federal Data on Race and Ethnicity.
OMB will announce their decision on
making any changes to the standards in
the Federal Register later this year.
These standards will inform how the
Census Bureau collects and publishes
race/ethnicity data for the 2020 Census.
More information on OMB’s review is
available on https://
www.whitehouse.gov/sites/
whitehouse.gov/files/briefing-room/
presidential-actions/related-ombmaterial/r_e_iwg_faqs_and_talking_
points_032917.pdf.
One of the potential changes being
decided by OMB is question format,
specifically the use of two separate
questions or a combined question for
race/ethnicity data. In the 2010 Census,
VerDate Sep<11>2014
17:26 Nov 07, 2017
Jkt 244001
race/ethnicity data were collected using
a two separate questions approach.
Consequently, the Census Bureau has
experience and is prepared to produce
statistics on race/ethnicity in that
format. Should the use of a combined
race/ethnicity question be allowed
under the as yet to be released guidance
from OMB, the Census Bureau must be
prepared to produce race/ethnicity
statistics with the combined question
format. Therefore, the current design for
the prototype 2020 Census Public Law
94–171 Redistricting Data File reflects
the combined question format, and
alters the design of that produced as the
official 2010 Census Public Law 94–171
Redistricting Data File. If only a separate
questions format is permitted under the
as yet to be released guidance from
OMB, then the 2020 Census Public Law
94–171 Redistricting Data File will
mirror that of the 2010 Census Public
Law 94–171 Redistricting Data File,
with the addition of the group quarters
table described below. If a combined
question format is permitted under the
revised OMB standards, then the design
for the 2020 Census Public Law 94–171
Redistricting Data File will mirror that
of the prototype 2020 Census Public
Law 94–171 Redistricting Data File.
Regardless of whether a separate or
combined question format is used in the
2020 Census, to assist those states that
reallocate populations prior to
conducting redistricting, a group
quarters table is added. This table will
include the group quarters categories of:
Institutionalized populations
(correctional facilities for adults,
juvenile facilities, nursing facilities/
skilled nursing facilities, and other
institutional facilities) and
noninstitutionalized populations
(college/university student housing,
military quarters, and other noninstitutionalized facilities). The group
quarters table will include state, county,
county sub-division, voting district,
tract, and block geographic levels for the
total population in the group quarters
count. A schematic of the tables
planned for the prototype 2020 Census
Public Law 94–171 Redistricting File is
available at the Census Bureau’s FTP
site: https://www2.census.gov/
programs-surveys/decennial/rdo/about/
2020-census-program/Phase3/Phase3_
prototype_schematic.pdf.
This notice requests comment on
these changes and the continued
suitability of these data in redistricting.
Other potential changes to the OMB
guidance on the collection and
tabulation of Race and Ethnicity
announced in the Federal Register later
this year may necessitate changes to the
prototype product beyond those
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
proposed here. The Census Bureau will
announce any respective revisions in a
forthcoming, final Federal Register
notice in the second quarter of fiscal
year 2018.
The Census Bureau will continue to
communicate with each state to ensure
all are well informed of the benefits of
working with the Census Bureau
towards a successful 2020 Census. In
addition, the Census Redistricting and
Voting Rights Data Office will continue
to work with each state to ensure that
all are prepared to participate in every
phase of the Redistricting Data Program.
As required by Public Law 94–171,
every state, regardless of its
participation in Phase 1 or Phase 2, will
receive the official redistricting data in
Phase 3.
Dated: November 2, 2017.
Ron S. Jarmin,
Associate Director for Economic Programs,
Performing the Non-Exclusive Functions and
Duties of the Director, Bureau of the Census.
[FR Doc. 2017–24242 Filed 11–7–17; 8:45 am]
BILLING CODE 3510–07–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–122–857]
Certain Softwood Lumber Products
From Canada: Final Affirmative
Determination of Sales at Less Than
Fair Value and Affirmative Final
Determination of Critical
Circumstances
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
The Department of Commerce
(the Department) 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.
SUMMARY:
DATES:
Applicable: November 8, 2017.
FOR FURTHER INFORMATION CONTACT:
Stephen Bailey, Robert Galantucci,
Thomas Martin, or Jeff Pedersen, 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, (202) 482–2923, (202)
482–3936, or (202) 482–2769,
respectively.
SUPPLEMENTARY INFORMATION:
E:\FR\FM\08NON1.SGM
08NON1
Federal Register / Vol. 82, No. 215 / Wednesday, November 8, 2017 / Notices
Background
On June 30, 2017, the Department
published the Preliminary
Determination of this antidumping duty
(AD) investigation, as provided by
section 733 of the Tariff Act of 1930, as
amended (the Act), in which the
Department preliminarily determined
that softwood lumber from Canada was
being sold at LTFV.1 On September 1,
2017, the Department published a
postponement fully extending the due
date of the final AD determination until
November 13, 2017.2
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
interested parties for this final
determination, may be found in the
Issues and Decision Memorandum.3 The
Issues and 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 it is
available to all parties in the Central
Records Unit, Room B–8024 of the main
Department of Commerce building. In
addition, a complete version of the
Issues and Decision Memorandum can
be accessed directly at https://
enforcement.trade.gov/frn/.
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
ethrower on DSK3G9T082PROD with NOTICES
In accordance with the Preliminary
Scope Decision Memorandum, the
Department provided parties an
opportunity to provide comments on all
issues discussed in the Preliminary
Determination, including issues
1 See Certain Softwood Lumber Products from
Canada: Preliminary Affirmative Determination of
Sales at Less Than Fair Value, 82 FR 29833 (June
30, 2017), and accompanying Preliminary Decision
Memorandum (collectively, Preliminary
Determination).
2 See Certain Softwood Lumber Products from
Canada: Postponement of Final Determination of
Less-Than-Fair-Value Investigation and Extension
of Provisional Measures, 82 FR 41609 (September
1, 2017).
3 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Affirmative
Determination in the Antidumping Duty
Investigation of Certain Softwood Lumber Products
from Canada,’’ dated concurrently with, and hereby
adopted by, this notice (Issues and Decision
Memorandum).
VerDate Sep<11>2014
17:26 Nov 07, 2017
Jkt 244001
regarding product coverage (i.e., scope).4
Certain interested parties commented on
the scope of the investigation as it
appeared in the Initiation Notice.
Therefore, the scope of this
investigation has been modified for this
final determination. For a summary of
the product coverage comments and
rebuttal responses submitted to the
record for this final determination, and
accompanying discussion and analysis
of all comments timely received, see the
Issues and Decision Memorandum.
Particular Market Situation (PMS)
Allegation
On May 15, 2017, the petitioner first
alleged that a particular market situation
exists with respect to the production of
softwood lumber in Canada, such that
the cost of materials and fabrication or
other processing of any kind does not
accurately reflect the cost of production
in the ordinary course of trade.5
According to the petitioner, the
Department should, accordingly, ‘‘use
another calculation methodology under
this subtitle or any other calculation
methodology,’’ pursuant to its
discretionary authority under section
773(e)(3) of the Act.
The Department accepted the
petitioner’s PMS allegation submission
on June 23, 2017, and articulated its
intent to further investigate the merits of
the allegation.6 On June 30, 2017, the
Department issued a supplemental
questionnaire to the mandatory
respondents and the Government of
Canada (GOC) to obtain more
information regarding GOC initiatives
related to bioenergy, electricity, and
stumpage. On July 21, 2017, the
mandatory respondents, additional
interested parties and the GOC
(collectively, the Canadian parties)
responded to our supplemental
questionnaire. In its case brief dated
August 8, 2017, the petitioner provided
additional arguments regarding its PMS
allegation.
The petitioner alleges that the GOC’s
subsidization of bioenergy programs
that consume lumber byproducts,
subsidization and involvement in
Canada’s electricity market, and
subsidization of stumpage has,
collectively, distorted the market for
lumber byproducts (e.g., wood chips,
shavings, sawdust, etc.) in Canada, such
that sales of lumber byproducts in
4 See
Preliminary Determination, 82 FR, at 29835.
section 504 of the Trade Preferences
Extension Act of 2015 (TPEA), amending section
773(e) of the Act.
6 See Memorandum ‘‘Less-Than-Fair-Value
Investigation of Certain Softwood Lumber Products
from Canada: Particular Market Situation,’’ dated
June 23, 2017.
5 See
PO 00000
Frm 00007
Fmt 4703
Sfmt 4703
51807
Canada are outside the ordinary course
of trade and should not be accounted for
in the Department’s normal value
calculations. Specifically, the petitioner
argues that the Department should
decline to grant offsets for the sale of
byproducts to each of the mandatory
respondents.
The Department determines that the
record evidence pertaining to GOC
initiatives concerning bioenergy
programs does not support the
petitioner’s allegation that a PMS exists
in Canada with respect to the sale of
lumber byproducts. Specifically, the
record evidence does not demonstrate
that sales of lumber byproducts in
Canada have been impacted by the GOC
initiatives referred to by the petitioner,
such that they are outside the ordinary
course of trade. That is, the record
evidence does not demonstrate a
connection between the bioenergy
programs referred to by the petitioner
and a change in demand and prices for
lumber byproducts in Canada.
Additionally, given the Department’s
aforementioned determination regarding
PMS and bioenergy programs, the
Department also finds that the
allegations regarding electricity and
stumpage are moot.7 Thus, the
Department determines that the record
evidence does not support the
petitioner’s allegation that a PMS exists
in Canada with respect to the sale of
lumber byproducts. Accordingly, the
Department will continue to grant the
mandatory respondents in this
investigation company-specific offsets
for sales of lumber byproducts
according to our normal practice. For
further discussion of this matter, see
Comment 16 of the Department’s Issues
and Decision Memorandum.
Final Affirmative Determination of
Critical Circumstances, in Part
On April 13, 2017, the Department
preliminarily determined that critical
circumstances exist for all-others but
did not exist for Canfor Corporation
(Canfor), Resolute FP Canada Inc.
(Resolute), Tolko Marketing and Sales
Ltd. (Tolko) and West Fraser Mills Ltd.
(West Fraser). For this final
determination, the Department has
determined that critical circumstances
exist for Resolute, Tolko, West Fraser,
and all-others but did not exist for
Canfor. For a full description of the
7 The Department has previously found that AD
and CVD laws provide separate remedies for
distinct unfair trade practices. See Certain Seamless
Carbon and Alloy Steel Standard, Line and Pressure
Pipe from the People’s Republic of China: Final
Determination of Sales at Less Than Fair Value and
Critical Circumstances, In Part, 75 FR 57449
(September 21, 2010), at Comment 2.
E:\FR\FM\08NON1.SGM
08NON1
51808
Federal Register / Vol. 82, No. 215 / Wednesday, November 8, 2017 / Notices
methodology and results of the
Department’s critical circumstances
analysis, see Final Determination
Critical Circumstances Analysis Memo 8
and Issues and Decision Memorandum
at Comment 18.
Analysis of Comments Received
The issues raised in the case briefs
and rebuttals by interested parties to
this investigation, including Canfor,
West Fraser, Tolko, Resolute and the
petitioner,9 are addressed in the Issues
and Decision Memorandum. A list of
these issues is attached to this notice as
Appendix II. Based on our analysis of
the comments received, and our
findings at verification, we made
changes to the sales and costs reported
by Canfor, Resolute, Tolko, and West
Fraser prior to the preliminary
determination. We also made changes to
the margin calculations for these
manadatory respondents; these changes
resulted in a change to the all-others
rate.
All-Others Rate
ethrower on DSK3G9T082PROD with NOTICES
Section 735(c)(5)(A) of the Act
provides that, in the final
determination, the Department shall
determine an estimated all-others rate
for all exporters and producers not
individually examined. This rate shall
be an amount equal to the weightedaverage of the estimated weightedaverage 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.
For the final determination, the
Department calculated individual
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
8 See Memorandum, ‘‘Calculations for Final
Determination of Critical Circumstances in the
Antidumping Duty Investigation of Certain
Softwood Lumber Products from Canada,’’ dated
concurrently with this memorandum (Final
Determination Critical Circumstances Analysis
Memo).
9 The petitioner is the Committee Overseeing
Action for Lumber International Trade
Investigations or Negotiations (COALITION). The
petitioner is an ad hoc association whose members
are: U.S. Lumber Coalition, Inc.; Collum’s Lumber
Products, L.L.C.; Hankins, Inc.; Potlatch
Corporation; Rex Lumber Company; Seneca
Sawmill Company; Sierra Pacific Industries;
Stimson Lumber Company; Swanson Group;
Weyerhaeuser Company; Carpenters Industrial
Council; Giustina Land and Timber Company; and
Sullivan Forestry Consultants, Inc.
VerDate Sep<11>2014
17:26 Nov 07, 2017
Jkt 244001
calculated for the examined respondents
using each company’s business
proprietary data for the merchandise
under consideration.10
Final Determination
The Department determines that the
following estimated weighted-average
dumping margins exist:
Estimated
weightedaverage
dumping
margins
(percent)
Exporter/producer
Canfor Corporation 11 ...........
Resolute FP Canada Inc 12 ..
Tolko Marketing and Sales
Ltd 13 .................................
West Fraser Mills Ltd 14 ........
All-Others ..............................
8.89
3.20
7.22
5.57
6.58
Continuation of Suspension of
Liquidation
As noted above, the Department
found that critical circumstances exist
with respect to imports of merchandise
under consideration from Resolute,
Tolko, West Fraser, and all-others but
10 For a complete analysis of the data, please see
the All-Others Calculation Memorandum dated
concurrently with this notice.
11 In the preliminary determination, the
Department determined 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. This decision
is unchanged for this final determination.
12 In the preliminary determination, the
Department determined that Resolute, 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), and Societe
en commandite Scierie Opitciwan (Opitciwan) 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. This decision is unchanged for this
final determination.
13 In the preliminary determination, the
Department determined that Tolko, and Tolko
Industries Ltd., 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. This decision
is unchanged for this final determination.
14 In the preliminary determination, the
Department determined that West Fraser, 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. This decision
is unchanged for this final determination.
PO 00000
Frm 00008
Fmt 4703
Sfmt 4703
did not exist for Canfor. In accordance
with section 733(e)(2)(A) of the Act, the
suspension of liquidation shall apply to
unliquidated entries of shipments of
softwood lumber from Canada as
described in Appendix I of this notice,
from Resolute, Tolko, West Fraser, and
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 the preliminary
determination. Because we did not find
that critical circumstances exist with
regard to Canfor, in accordance with
section 735(c)(1)(B) of the Act, the
Department will instruct CBP to
continue to suspend liquidation of all
Canfor entries of softwood lumber from
Canada as described in Appendix I of
this notice, which were entered, or
withdrawn from warehouse, for
consumption on or after June 30, 2017,
the date of publication of the
Preliminary Determination of this
investigation in the Federal Register.
Further, pursuant to section
735(c)(1)(B)(ii) of the Act and 19 CFR
351.210(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 respondentspecific estimated weighted-average
dumping margin determined in this
final 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 respondentspecific 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 weightedaverage dumping margin.
Exclusion of Certain Softwood Lumber
Products Certified by the Atlantic
Lumber Board (ALB)
As noted in the scope of the
investigation (Appendix I), the
Department has excluded from the
scope of the investigation 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 Newfoundland and
Labrador, Nova Scotia, or Prince
Edward Island. We will instruct CBP to
require that the ALB certificate be
included with each entry and require
that the ALB certificate of origin number
be identified on each CBP Form 7501 for
such entries to be excluded from the
scope of the investigation. We will
E:\FR\FM\08NON1.SGM
08NON1
Federal Register / Vol. 82, No. 215 / Wednesday, November 8, 2017 / Notices
instruct CBP to refund cash deposits on
any suspended entries after April 1,
2017 that are accompanied by the ALB
certificate.
Disclosure
The Department intends to disclose to
interested parties its calculations and
analysis performed in this final
determination within five days of any
public announcement in accordance
with 19 CFR 351.224(b).
International Trade Commission
Notification
In accordance with section 735(d) of
the Act, the Department will notify the
International Trade Commission (ITC) of
its final determination. Because the final
determination in this proceeding is
affirmative, in accordance with section
735(b)(2)(B) of the Act, the ITC will
make its final determination as to
whether the domestic industry in the
United States is materially injured, or
threatened with material injury, by
reason of imports of softwood lumber
from Canada no later than 45 days after
the Department’s final determination. If
the ITC determines that material injury
or threat of material injury does not
exist, the proceeding will be terminated
and all securities posted will be
refunded or canceled. If the ITC
determines that such injury does exist,
the Department will issue an
antidumping duty order directing CBP
to assess, upon further instruction by
the Department, antidumping duties on
appropriate imports of the subject
merchandise entered, or withdrawn
from warehouse, for consumption on or
after the effective date of the suspension
of liquidation.
ethrower on DSK3G9T082PROD with NOTICES
Notification Regarding Administrative
Protective Orders
This notice serves as a reminder to
parties subject to an administrative
protective order (APO) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
notification of the return or destruction
of APO materials, or conversion to
judicial protective order, is hereby
requested. Failure to comply with the
regulations and the terms of an APO is
a violation subject to sanction.
This determination and this notice are
issued and published pursuant to
sections 735(d) and 777(i)(1) of the Act
and 19 CFR 351.210(c).
VerDate Sep<11>2014
19:28 Nov 07, 2017
Jkt 244001
Dated: November 1, 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.
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
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.
Finished products are not covered by the
scope of this investigation. For the purposes
of this scope, finished products contain, or
are comprised of, subject merchandise and
have undergone sufficient processing such
that they can no longer be considered
intermediate products, and such products
can be readily differentiated from
merchandise subject to this investigation at
the time of importation. Such differentiation
may, for example, be shown through marks
of special adaptation as a particular product.
The following products are illustrative of the
type of merchandise that is considered
‘‘finished,’’ for the purpose of this scope: Ijoists; assembled pallets; cutting boards;
assembled picture frames; garage doors.
The following items are excluded from the
scope of this investigation:
• Softwood lumber products certified by
the Atlantic Lumber Board as being first
produced in the Provinces of Newfoundland
and Labrador, Nova Scotia, or Prince Edward
Island from logs harvested in Newfoundland
and Labrador, Nova Scotia, or Prince Edward
Island.
• U.S.-origin lumber shipped to Canada for
processing and imported into the United
States if the processing occurring in Canada
is limited to one or more of the following: (1)
Kiln drying; (2) planing to create smooth-tosize board; or (3) sanding.
• 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 must
PO 00000
Frm 00009
Fmt 4703
Sfmt 4703
51809
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. The
radius cuts must be present on both ends of
the boards and must be substantially cut so
as to completely round one corner.
Softwood lumber product imports are
generally entered under Chapter 44 of the
Harmonized Tariff Schedule of the United
States (HTSUS). 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;
4421.99.70.40; and 4421.99.97.80.
Although these HTSUS subheadings are
provided for convenience and customs
purposes, the written description of the
scope of this investigation is dispositive.
Appendix II
List of Topics in the Issues and Decision
Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Scope Comments
V. Discussion of the Issues:
Scope Issues
Comment 1: Definition and Examples of
Finished Products in Scope Language
Comment 2: Exclusions Requested for Certain
Types of Lumber Harvested From
Western Red Cedar, Douglas Fir, and
Hemlock Trees
Comment 3: Previous Scope Determinations
Comment 4: Whether Certain Products Are
Finished Products
Comment 5: Craft Kits
E:\FR\FM\08NON1.SGM
08NON1
ethrower on DSK3G9T082PROD with NOTICES
51810
Federal Register / Vol. 82, No. 215 / Wednesday, November 8, 2017 / Notices
Comment 6: Whether Certain Scope
Language Should Be Removed
Comment 7: Wood Shims
Comment 8: Pre-Painted Wood Products
Comment 9: I-Joists
Comment 10: Miscellaneous Products
Discussed by the Government of British
Columbia (GBC) and the BC Lumber
Trade Council (BCLTC)
Comment 11: Bed-Frame Components/
Crating Ladder Components
Comment 12: U.S.-Origin Lumber Sent to
Canada for Further Processing
Comment 13: Softwood Lumber Produced in
Canada From U.S.-Origin Logs
Comment 14: Remanufactured Goods
Comment 15: Eastern White Pine
Comment 16: Additional Scope Issues
Comment 16A: Whether the Department
Should Conduct a Pass-Through
Analysis for Independent
Remanufacturers That Purchase
Softwood Lumber at Arm’s Length
Comment 16B: Whether Countervailing
Duties Should Only Be Applicable on a
First Mill Basis
Comment 16C: Whether the Department
Should Exclude Softwood Lumber
Products From New Brunswick
Comment 16D: Whether the Department
Should Finalize the Exclusion of
Softwood Lumber Products From the
Atlantic Provinces
General Issues
Comment 17: Particular Market Situation
Comment 18: Differential Pricing Analysis
Comment 19: Whether Critical Circumstances
Exist With Respect to Shipments of
Certain Softwood Lumber Imports From
Canada
Comment 20: Whether the Department
Should Deduct SLA Export Tax From
U.S. Price
Comment 21: Deduction of Indirect Selling
Expenses and Inventory Carrying Costs
Incurred in Canada From U.S. CEP
Comment 22: Currency Conversions in the
Home Market Program
Comment 23: Matching Criteria When
Applying Arm’s Length Test to Canfor’s
and Resolute’s Home Market Sales
Company-Specific Issues
Comment 24: Basis for Canfor’s Gross Unit
Price
Comment 25: Variable Representing Canfor’s
Total Cost of Manufacturing
Comment 26: Canfor’s Reported Export Taxes
Comment 27: Canfor’s Electricity Costs
Comment 28: Canfor’s Reported Packing
Costs
Comment 29: Canfor’s By-Product Offsets
Comment 30: Canfor’s Reconciling Items
Comment 31: Canfor’s Cost Related to Canal
Flats
Comment 32: Canfor’s Gains and Losses for
Derivatives
Comment 33: Resolute’s Credit Expenses
Comment 34: Corrections to Resolute’s Sales
Databases as Noted in the Sales
Verification Report
Comment 35: Resolute’s Corporate Level
Costs
Comment 36: Allocation of Resolute Canada’s
Corporate Charges
Comment 37: Resolute Growth’s G&A
Expense
VerDate Sep<11>2014
17:26 Nov 07, 2017
Jkt 244001
Comment 38: Resolute Growth’s
Miscellaneous Income
Comment 39: Resolute’s Wood Segment
Corporate Income and Expense Items
Comment 40: Resolute’s Long-Term Interest
Income
Comment 41: Resolute’s Timber Transport
Costs
Comment 42: Resolute’s Minor Cost
Corrections
Comment 43: Resolute’s Byproduct Offsets
Comment 44: Resolute’s Offset for Further
Processed Byproducts
Comment 45: Resolute’s Startup Adjustments
Comment 46: Whether the Department
Should Adjust Tolko’s U.S. Prices to
Reflect Losses on Futures Contracts
Comment 47: Cost of Discontinued
Operations in Tolko’s G&A Expenses
Comment 48: Depreciation on Tolko’s Idle
Assets
Comment 49: Exclusion of Long-Term
Interest Income From Tolko’s Financial
Expenses
Comment 50: Byproduct Offset Adjustments
for Tolko
Comment 51: Offset for the Revenue Earned
by Tolko on Sales of Self-Generated
Electricity
Comment 52: Yield Loss in Tolko’s Cost of
Manufacturing
Comment 53: U.S. Price Adjustment
Comment 54: Billing Adjustments
Comment 55: West Fraser Reported Millcode
Comment 56: Financial Expenses
Comment 57: Byproduct Offset for Sales of
Byproducts to Affiliated Companies
Comment 58: Purchases of Seeds
Comment 59: West Fraser’s Cost
Reconciliation/Non-Operating Expenses
VI. Recommendation
[FR Doc. 2017–24203 Filed 11–7–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–201–842]
Large Residential Washers From
Mexico: Preliminary Results of the
Antidumping Duty Administrative
Review; 2016–2017
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) is conducting an
administrative review of the
antidumping duty order on large
residential washers from Mexico. The
period of review (POR) is February 1,
2016, through January 31, 2017. The
review covers one producer/exporter of
the subject merchandise, Electrolux
Home Products Corp. N.V. and
Electrolux Home Products de Mexico,
S.A. de C.V. (collectively, Electrolux).
We preliminarily determine that sales of
subject merchandise by Electrolux have
been made at prices below normal value
AGENCY:
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
(NV). We invite interested parties to
comment on these preliminary results.
DATES: Applicable: November 8, 2017.
FOR FURTHER INFORMATION CONTACT: Ross
Belliveau or Rebecca Janz, AD/CVD
Operations, Office II, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone:
(202) 482–4952 or (202) 482–2972,
respectively.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The products covered by the order are
all large residential washers and certain
subassemblies thereof from Mexico. The
products are currently classifiable under
subheadings 8450.20.0040 and
8450.20.0080 of the Harmonized Tariff
System of the United States (HTSUS).
Products subject to this order may also
enter under HTSUS subheadings
8450.11.0040, 8450.11.0080,
8450.90.2000, and 8450.90.6000.
Although the HTSUS subheadings are
provided for convenience and customs
purposes, the written description of the
merchandise subject to this scope is
dispositive.1
Methodology
The Department is conducting this
review in accordance with sections
751(a)(1)(B) and (2) of the Tariff Act of
1930, as amended (the Act). Pursuant to
section 776(a) and (b) of the Act, the
Department has preliminarily relied
upon facts otherwise available with
adverse inferences (AFA) for Electrolux
because this respondent did not timely
respond to the Department’s
antidumping duty questionnaire. For a
complete explanation of the
methodology and analysis underlying
the preliminary application of AFA, see
the Preliminary Decision Memorandum.
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 found at
1 For a full description of the scope of the order,
see Memorandum, ‘‘Decision Memorandum for the
Preliminary Results of the 2016–2017
Administrative Review of the Antidumping Duty
Order on Large Residential Washers from Mexico,’’
dated concurrently with, and hereby adopted by,
this notice (Preliminary Decision Memorandum).
E:\FR\FM\08NON1.SGM
08NON1
]]>Agencies
[Federal Register Volume 82, Number 215 (Wednesday, November 8, 2017)]
[Notices]
[Pages 51806-51810]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-24203]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-122-857]
Certain Softwood Lumber Products From Canada: Final Affirmative
Determination of Sales at Less Than Fair Value and Affirmative Final
Determination of Critical Circumstances
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) 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: Applicable: November 8, 2017.
FOR FURTHER INFORMATION CONTACT: Stephen Bailey, Robert Galantucci,
Thomas Martin, or Jeff Pedersen, 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, (202) 482-2923, (202) 482-3936, or
(202) 482-2769, respectively.
SUPPLEMENTARY INFORMATION:
[[Page 51807]]
Background
On June 30, 2017, the Department published the Preliminary
Determination of this antidumping duty (AD) investigation, as provided
by section 733 of the Tariff Act of 1930, as amended (the Act), in
which the Department preliminarily determined that softwood lumber from
Canada was being sold at LTFV.\1\ On September 1, 2017, the Department
published a postponement fully extending the due date of the final AD
determination until November 13, 2017.\2\
---------------------------------------------------------------------------
\1\ See Certain Softwood Lumber Products from Canada:
Preliminary Affirmative Determination of Sales at Less Than Fair
Value, 82 FR 29833 (June 30, 2017), and accompanying Preliminary
Decision Memorandum (collectively, Preliminary Determination).
\2\ See Certain Softwood Lumber Products from Canada:
Postponement of Final Determination of Less-Than-Fair-Value
Investigation and Extension of Provisional Measures, 82 FR 41609
(September 1, 2017).
---------------------------------------------------------------------------
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 interested parties for this final
determination, may be found in the Issues and Decision Memorandum.\3\
The Issues and 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 it is available to all parties in the Central Records Unit, Room B-
8024 of the main Department of Commerce building. In addition, a
complete version of the Issues and Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/frn/.
---------------------------------------------------------------------------
\3\ See Memorandum, ``Issues and Decision Memorandum for the
Final Affirmative Determination in the Antidumping Duty
Investigation of Certain Softwood Lumber Products from Canada,''
dated concurrently with, and hereby adopted by, this notice (Issues
and 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 Preliminary Scope Decision Memorandum, the
Department provided parties an opportunity to provide comments on all
issues discussed in the Preliminary Determination, including issues
regarding product coverage (i.e., scope).\4\ Certain interested parties
commented on the scope of the investigation as it appeared in the
Initiation Notice. Therefore, the scope of this investigation has been
modified for this final determination. For a summary of the product
coverage comments and rebuttal responses submitted to the record for
this final determination, and accompanying discussion and analysis of
all comments timely received, see the Issues and Decision Memorandum.
---------------------------------------------------------------------------
\4\ See Preliminary Determination, 82 FR, at 29835.
---------------------------------------------------------------------------
Particular Market Situation (PMS) Allegation
On May 15, 2017, the petitioner first alleged that a particular
market situation exists with respect to the production of softwood
lumber in Canada, such that the cost of materials and fabrication or
other processing of any kind does not accurately reflect the cost of
production in the ordinary course of trade.\5\ According to the
petitioner, the Department should, accordingly, ``use another
calculation methodology under this subtitle or any other calculation
methodology,'' pursuant to its discretionary authority under section
773(e)(3) of the Act.
---------------------------------------------------------------------------
\5\ See section 504 of the Trade Preferences Extension Act of
2015 (TPEA), amending section 773(e) of the Act.
---------------------------------------------------------------------------
The Department accepted the petitioner's PMS allegation submission
on June 23, 2017, and articulated its intent to further investigate the
merits of the allegation.\6\ On June 30, 2017, the Department issued a
supplemental questionnaire to the mandatory respondents and the
Government of Canada (GOC) to obtain more information regarding GOC
initiatives related to bioenergy, electricity, and stumpage. On July
21, 2017, the mandatory respondents, additional interested parties and
the GOC (collectively, the Canadian parties) responded to our
supplemental questionnaire. In its case brief dated August 8, 2017, the
petitioner provided additional arguments regarding its PMS allegation.
---------------------------------------------------------------------------
\6\ See Memorandum ``Less-Than-Fair-Value Investigation of
Certain Softwood Lumber Products from Canada: Particular Market
Situation,'' dated June 23, 2017.
---------------------------------------------------------------------------
The petitioner alleges that the GOC's subsidization of bioenergy
programs that consume lumber byproducts, subsidization and involvement
in Canada's electricity market, and subsidization of stumpage has,
collectively, distorted the market for lumber byproducts (e.g., wood
chips, shavings, sawdust, etc.) in Canada, such that sales of lumber
byproducts in Canada are outside the ordinary course of trade and
should not be accounted for in the Department's normal value
calculations. Specifically, the petitioner argues that the Department
should decline to grant offsets for the sale of byproducts to each of
the mandatory respondents.
The Department determines that the record evidence pertaining to
GOC initiatives concerning bioenergy programs does not support the
petitioner's allegation that a PMS exists in Canada with respect to the
sale of lumber byproducts. Specifically, the record evidence does not
demonstrate that sales of lumber byproducts in Canada have been
impacted by the GOC initiatives referred to by the petitioner, such
that they are outside the ordinary course of trade. That is, the record
evidence does not demonstrate a connection between the bioenergy
programs referred to by the petitioner and a change in demand and
prices for lumber byproducts in Canada.
Additionally, given the Department's aforementioned determination
regarding PMS and bioenergy programs, the Department also finds that
the allegations regarding electricity and stumpage are moot.\7\ Thus,
the Department determines that the record evidence does not support the
petitioner's allegation that a PMS exists in Canada with respect to the
sale of lumber byproducts. Accordingly, the Department will continue to
grant the mandatory respondents in this investigation company-specific
offsets for sales of lumber byproducts according to our normal
practice. For further discussion of this matter, see Comment 16 of the
Department's Issues and Decision Memorandum.
---------------------------------------------------------------------------
\7\ The Department has previously found that AD and CVD laws
provide separate remedies for distinct unfair trade practices. See
Certain Seamless Carbon and Alloy Steel Standard, Line and Pressure
Pipe from the People's Republic of China: Final Determination of
Sales at Less Than Fair Value and Critical Circumstances, In Part,
75 FR 57449 (September 21, 2010), at Comment 2.
---------------------------------------------------------------------------
Final Affirmative Determination of Critical Circumstances, in Part
On April 13, 2017, the Department preliminarily determined that
critical circumstances exist for all-others but did not exist for
Canfor Corporation (Canfor), Resolute FP Canada Inc. (Resolute), Tolko
Marketing and Sales Ltd. (Tolko) and West Fraser Mills Ltd. (West
Fraser). For this final determination, the Department has determined
that critical circumstances exist for Resolute, Tolko, West Fraser, and
all-others but did not exist for Canfor. For a full description of the
[[Page 51808]]
methodology and results of the Department's critical circumstances
analysis, see Final Determination Critical Circumstances Analysis Memo
\8\ and Issues and Decision Memorandum at Comment 18.
---------------------------------------------------------------------------
\8\ See Memorandum, ``Calculations for Final Determination of
Critical Circumstances in the Antidumping Duty Investigation of
Certain Softwood Lumber Products from Canada,'' dated concurrently
with this memorandum (Final Determination Critical Circumstances
Analysis Memo).
---------------------------------------------------------------------------
Analysis of Comments Received
The issues raised in the case briefs and rebuttals by interested
parties to this investigation, including Canfor, West Fraser, Tolko,
Resolute and the petitioner,\9\ are addressed in the Issues and
Decision Memorandum. A list of these issues is attached to this notice
as Appendix II. Based on our analysis of the comments received, and our
findings at verification, we made changes to the sales and costs
reported by Canfor, Resolute, Tolko, and West Fraser prior to the
preliminary determination. We also made changes to the margin
calculations for these manadatory respondents; these changes resulted
in a change to the all-others rate.
---------------------------------------------------------------------------
\9\ The petitioner is the Committee Overseeing Action for Lumber
International Trade Investigations or Negotiations (COALITION). The
petitioner is an ad hoc association whose members are: U.S. Lumber
Coalition, Inc.; Collum's Lumber Products, L.L.C.; Hankins, Inc.;
Potlatch Corporation; Rex Lumber Company; Seneca Sawmill Company;
Sierra Pacific Industries; Stimson Lumber Company; Swanson Group;
Weyerhaeuser Company; Carpenters Industrial Council; Giustina Land
and Timber Company; and Sullivan Forestry Consultants, Inc.
---------------------------------------------------------------------------
All-Others Rate
Section 735(c)(5)(A) of the Act provides that, in the final
determination, the Department shall determine an 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.
For the final determination, the Department calculated individual
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.\10\
---------------------------------------------------------------------------
\10\ For a complete analysis of the data, please see the All-
Others Calculation Memorandum dated concurrently with this notice.
---------------------------------------------------------------------------
Final Determination
The Department determines that the following estimated weighted-
average dumping margins exist:
---------------------------------------------------------------------------
\11\ In the preliminary determination, the Department determined
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. This
decision is unchanged for this final determination.
\12\ In the preliminary determination, the Department determined
that Resolute, 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), and
Soci[eacute]t[eacute] en commandite Scierie Opitciwan (Opitciwan)
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. This decision is unchanged for this final
determination.
\13\ In the preliminary determination, the Department determined
that Tolko, and Tolko Industries Ltd., 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. This
decision is unchanged for this final determination.
\14\ In the preliminary determination, the Department determined
that West Fraser, 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. This decision is unchanged for this final
determination.
------------------------------------------------------------------------
Estimated
weighted-
average
Exporter/producer dumping
margins
(percent)
------------------------------------------------------------------------
Canfor Corporation \11\................................. 8.89
Resolute FP Canada Inc \12\............................. 3.20
Tolko Marketing and Sales Ltd \13\...................... 7.22
West Fraser Mills Ltd \14\.............................. 5.57
All-Others.............................................. 6.58
------------------------------------------------------------------------
Continuation of Suspension of Liquidation
As noted above, the Department found that critical circumstances
exist with respect to imports of merchandise under consideration from
Resolute, Tolko, West Fraser, and all-others but did not exist for
Canfor. In accordance with section 733(e)(2)(A) of the Act, the
suspension of liquidation shall apply to unliquidated entries of
shipments of softwood lumber from Canada as described in Appendix I of
this notice, from Resolute, Tolko, West Fraser, and 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 the preliminary determination. Because we did not find
that critical circumstances exist with regard to Canfor, in accordance
with section 735(c)(1)(B) of the Act, the Department will instruct CBP
to continue to suspend liquidation of all Canfor entries of softwood
lumber from Canada as described in Appendix I of this notice, which
were entered, or withdrawn from warehouse, for consumption on or after
June 30, 2017, the date of publication of the Preliminary Determination
of this investigation in the Federal Register. Further, pursuant to
section 735(c)(1)(B)(ii) of the Act and 19 CFR 351.210(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 respondent-specific estimated weighted-
average dumping margin determined in this final 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 respondent-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.
Exclusion of Certain Softwood Lumber Products Certified by the Atlantic
Lumber Board (ALB)
As noted in the scope of the investigation (Appendix I), the
Department has excluded from the scope of the investigation 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 Newfoundland and Labrador, Nova Scotia,
or Prince Edward Island. We will instruct CBP to require that the ALB
certificate be included with each entry and require that the ALB
certificate of origin number be identified on each CBP Form 7501 for
such entries to be excluded from the scope of the investigation. We
will
[[Page 51809]]
instruct CBP to refund cash deposits on any suspended entries after
April 1, 2017 that are accompanied by the ALB certificate.
Disclosure
The Department intends to disclose to interested parties its
calculations and analysis performed in this final determination within
five days of any public announcement in accordance with 19 CFR
351.224(b).
International Trade Commission Notification
In accordance with section 735(d) of the Act, the Department will
notify the International Trade Commission (ITC) of its final
determination. Because the final determination in this proceeding is
affirmative, in accordance with section 735(b)(2)(B) of the Act, the
ITC will make its final determination as to whether the domestic
industry in the United States is materially injured, or threatened with
material injury, by reason of imports of softwood lumber from Canada no
later than 45 days after the Department's final determination. If the
ITC determines that material injury or threat of material injury does
not exist, the proceeding will be terminated and all securities posted
will be refunded or canceled. If the ITC determines that such injury
does exist, the Department will issue an antidumping duty order
directing CBP to assess, upon further instruction by the Department,
antidumping duties on appropriate imports of the subject merchandise
entered, or withdrawn from warehouse, for consumption on or after the
effective date of the suspension of liquidation.
Notification Regarding Administrative Protective Orders
This notice serves as a reminder to parties subject to an
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely notification of the
return or destruction of APO materials, or conversion to judicial
protective order, is hereby requested. Failure to comply with the
regulations and the terms of an APO is a violation subject to sanction.
This determination and this notice are issued and published
pursuant to sections 735(d) and 777(i)(1) of the Act and 19 CFR
351.210(c).
Dated: November 1, 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.
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.
Finished products are not covered by the scope of this
investigation. For the purposes of this scope, finished products
contain, or are comprised of, subject merchandise and have undergone
sufficient processing such that they can no longer be considered
intermediate products, and such products can be readily
differentiated from merchandise subject to this investigation at the
time of importation. Such differentiation may, for example, be shown
through marks of special adaptation as a particular product. The
following products are illustrative of the type of merchandise that
is considered ``finished,'' for the purpose of this scope: I-joists;
assembled pallets; cutting boards; assembled picture frames; garage
doors.
The following items are excluded from the scope of this
investigation:
Softwood lumber products certified by the Atlantic
Lumber Board as being first produced in the Provinces of
Newfoundland and Labrador, Nova Scotia, or Prince Edward Island from
logs harvested in Newfoundland and Labrador, Nova Scotia, or Prince
Edward Island.
U.S.-origin lumber shipped to Canada for processing and
imported into the United States 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 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. The radius cuts must be present on both
ends of the boards and must be substantially cut so as to completely
round one corner.
Softwood lumber product imports are generally entered under
Chapter 44 of the Harmonized Tariff Schedule of the United States
(HTSUS). 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; 4421.99.70.40; and 4421.99.97.80.
Although these HTSUS subheadings are provided for convenience
and customs purposes, the written description of the scope of this
investigation is dispositive.
Appendix II
List of Topics in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Scope Comments
V. Discussion of the Issues:
Scope Issues
Comment 1: Definition and Examples of Finished Products in Scope
Language
Comment 2: Exclusions Requested for Certain Types of Lumber
Harvested From Western Red Cedar, Douglas Fir, and Hemlock Trees
Comment 3: Previous Scope Determinations
Comment 4: Whether Certain Products Are Finished Products
Comment 5: Craft Kits
[[Page 51810]]
Comment 6: Whether Certain Scope Language Should Be Removed
Comment 7: Wood Shims
Comment 8: Pre-Painted Wood Products
Comment 9: I-Joists
Comment 10: Miscellaneous Products Discussed by the Government of
British Columbia (GBC) and the BC Lumber Trade Council (BCLTC)
Comment 11: Bed-Frame Components/Crating Ladder Components
Comment 12: U.S.-Origin Lumber Sent to Canada for Further Processing
Comment 13: Softwood Lumber Produced in Canada From U.S.-Origin Logs
Comment 14: Remanufactured Goods
Comment 15: Eastern White Pine
Comment 16: Additional Scope Issues
Comment 16A: Whether the Department Should Conduct a Pass-Through
Analysis for Independent Remanufacturers That Purchase Softwood
Lumber at Arm's Length
Comment 16B: Whether Countervailing Duties Should Only Be Applicable
on a First Mill Basis
Comment 16C: Whether the Department Should Exclude Softwood Lumber
Products From New Brunswick
Comment 16D: Whether the Department Should Finalize the Exclusion of
Softwood Lumber Products From the Atlantic Provinces
General Issues
Comment 17: Particular Market Situation
Comment 18: Differential Pricing Analysis
Comment 19: Whether Critical Circumstances Exist With Respect to
Shipments of Certain Softwood Lumber Imports From Canada
Comment 20: Whether the Department Should Deduct SLA Export Tax From
U.S. Price
Comment 21: Deduction of Indirect Selling Expenses and Inventory
Carrying Costs Incurred in Canada From U.S. CEP
Comment 22: Currency Conversions in the Home Market Program
Comment 23: Matching Criteria When Applying Arm's Length Test to
Canfor's and Resolute's Home Market Sales
Company-Specific Issues
Comment 24: Basis for Canfor's Gross Unit Price
Comment 25: Variable Representing Canfor's Total Cost of
Manufacturing
Comment 26: Canfor's Reported Export Taxes
Comment 27: Canfor's Electricity Costs
Comment 28: Canfor's Reported Packing Costs
Comment 29: Canfor's By-Product Offsets
Comment 30: Canfor's Reconciling Items
Comment 31: Canfor's Cost Related to Canal Flats
Comment 32: Canfor's Gains and Losses for Derivatives
Comment 33: Resolute's Credit Expenses
Comment 34: Corrections to Resolute's Sales Databases as Noted in
the Sales Verification Report
Comment 35: Resolute's Corporate Level Costs
Comment 36: Allocation of Resolute Canada's Corporate Charges
Comment 37: Resolute Growth's G&A Expense
Comment 38: Resolute Growth's Miscellaneous Income
Comment 39: Resolute's Wood Segment Corporate Income and Expense
Items
Comment 40: Resolute's Long-Term Interest Income
Comment 41: Resolute's Timber Transport Costs
Comment 42: Resolute's Minor Cost Corrections
Comment 43: Resolute's Byproduct Offsets
Comment 44: Resolute's Offset for Further Processed Byproducts
Comment 45: Resolute's Startup Adjustments
Comment 46: Whether the Department Should Adjust Tolko's U.S. Prices
to Reflect Losses on Futures Contracts
Comment 47: Cost of Discontinued Operations in Tolko's G&A Expenses
Comment 48: Depreciation on Tolko's Idle Assets
Comment 49: Exclusion of Long-Term Interest Income From Tolko's
Financial Expenses
Comment 50: Byproduct Offset Adjustments for Tolko
Comment 51: Offset for the Revenue Earned by Tolko on Sales of Self-
Generated Electricity
Comment 52: Yield Loss in Tolko's Cost of Manufacturing
Comment 53: U.S. Price Adjustment
Comment 54: Billing Adjustments
Comment 55: West Fraser Reported Millcode
Comment 56: Financial Expenses
Comment 57: Byproduct Offset for Sales of Byproducts to Affiliated
Companies
Comment 58: Purchases of Seeds
Comment 59: West Fraser's Cost Reconciliation/Non-Operating Expenses
VI. Recommendation
[FR Doc. 2017-24203 Filed 11-7-17; 8:45 am]
BILLING CODE 3510-DS-P
