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 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 http:// 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 http://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