Certain Softwood Lumber Products From Canada: Amended Final Affirmative Countervailing Duty Determination and Countervailing Duty Order, 347-349 [2017-28483]

Download as PDF Federal Register / Vol. 83, No. 2 / Wednesday, January 3, 2018 / Notices Dated: December 21, 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. sradovich on DSK3GMQ082PROD with NOTICES Appendix Scope of the Investigation The scope of this investigation covers colddrawn mechanical tubing of carbon and alloy steel (cold-drawn mechanical tubing) of circular cross-section, 304.8 mm or more in length, in actual outside diameters less than 331mm, and regardless of wall thickness, surface finish, end finish or industry specification. The subject cold-drawn mechanical tubing is a tubular product with a circular cross-sectional shape that has been cold-drawn or otherwise cold-finished after the initial tube formation in a manner that involves a change in the diameter or wall thickness of the tubing, or both. The subject cold-drawn mechanical tubing may be produced from either welded (e.g., electric resistance welded, continuous welded, etc.) or seamless (e.g., pierced, pilgered or extruded, etc.) carbon or alloy steel tubular products. It may also be heat treated after cold working. Such heat treatments may include, but are not limited to, annealing, normalizing, quenching and tempering, stress relieving or finish annealing. Typical colddrawing methods for subject merchandise include, but are not limited to, drawing over mandrel, rod drawing, plug drawing, sink drawing and similar processes that involve reducing the outside diameter of the tubing with a die or similar device, whether or not controlling the inside diameter of the tubing with an internal support device such as a mandrel, rod, plug or similar device. Other cold-finishing operations that may be used to produce subject merchandise include coldrolling and cold-sizing the tubing. Subject cold-drawn mechanical tubing is typically certified to meet industry specifications for cold-drawn tubing including but not limited to: (1) American Society for Testing and Materials (ASTM) or American Society of Mechanical Engineers (ASME) specifications ASTM A–512, ASTM A–513 Type 3 (ASME SA513 Type 3), ASTM A–513 Type 4 (ASME SA513 Type 4), ASTM A–513 Type 5 (ASME SA513 Type 5), ASTM A–513 Type 6 (ASME SA513 Type 6), ASTM A–519 (cold-finished); (2) SAE International (Society of Automotive Engineers) specifications SAE J524, SAE J525, SAE J2833, SAE J2614, SAE J2467, SAE J2435, SAE J2613; (3) Aerospace Material Specification (AMS) AMS T–6736 (AMS 6736), AMS 6371, AMS 5050, AMS 5075, AMS 5062, AMS 6360, AMS 6361, AMS 6362, AMS 6371, AMS 6372, AMS 6374, AMS 6381, AMS 6415; (4) United States Military Standards (MIL) MIL–T–5066 and MIL–T–6736; (5) foreign standards equivalent to one of the previously listed ASTM, ASME, SAE, AMS or MIL specifications including but not limited to: (a) German Institute for Standardization (DIN) specifications DIN 2391–2, DIN 2393– 2, DIN 2394–2); VerDate Sep<11>2014 16:13 Jan 02, 2018 Jkt 244001 (b) European Standards (EN) EN 10305–1, EN 10305–2, EN 10305–4, EN 10305–6 and European national variations on those standards (e.g., British Standard (BS EN), Irish Standard (IS EN) and German Standard (DIN EN) variations, etc.); (c) Japanese Industrial Standard (JIS) JIS G 3441 and JIS G 3445; and (6) proprietary standards that are based on one of the above-listed standards. The subject cold-drawn mechanical tubing may also be dual or multiple certified to more than one standard. Pipe that is multiple certified as cold-drawn mechanical tubing and to other specifications not covered by this scope, is also covered by the scope of this investigation when it meets the physical description set forth above. Steel products included in the scope of this investigation are products in which: (1) Iron predominates, by weight, over each of the other contained elements; and (2) the carbon content is 2 percent or less by weight. For purposes of this scope, the place of cold-drawing determines the country of origin of the subject merchandise. Subject merchandise that is subject to minor working in a third country that occurs after drawing in one of the subject countries including, but not limited to, heat treatment, cutting to length, straightening, nondestructive testing, deburring or chamfering, remains within the scope of this investigation. All products that meet the written physical description are within the scope of this investigation unless specifically excluded or covered by the scope of an existing order. Merchandise that meets the physical description of cold-drawn mechanical tubing above is within the scope of the investigation even if it is also dual or multiple certified to an otherwise excluded specification listed below. The following products are outside of, and/or specifically excluded from, the scope of this investigation: (1) Cold-drawn stainless steel tubing, containing 10.5 percent or more of chromium by weight and not more than 1.2 percent of carbon by weight; (2) products certified to one or more of the ASTM, ASME or American Petroleum Institute (API) specifications listed below: • ASTM A–53; • ASTM A–106; • ASTM A–179 (ASME SA 179); • ASTM A–192 (ASME SA 192); • ASTM A–209 (ASME SA 209); • ASTM A–210 (ASME SA 210); • ASTM A–213 (ASME SA 213); • ASTM A–334 (ASME SA 334); • ASTM A–423 (ASME SA 423); • ASTM A–498; • ASTM A–496 (ASME SA 496); • ASTM A–199; • ASTM A–500; • ASTM A–556; • ASTM A–565; • API 5L; and • API 5CT except that any cold-drawn tubing product certified to one of the above excluded specifications will not be excluded from the scope if it is also dual- or multiple-certified to any other specification that otherwise would fall within the scope of this investigation. PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 347 The products subject to the investigation are currently classified in the Harmonized Tariff Schedule of the United States (HTSUS) under item numbers: 7304.31.3000, 7304.31.6050, 7304.51.1000, 7304.51.5005, 7304.51.5060, 7306.30.5015, 7306.30.5020, 7306.50.5030. Subject merchandise may also enter under numbers 7306.30.1000 and 7306.50.1000. The HTSUS subheadings above are provided for convenience and customs purposes only. The written description of the scope of the investigation is dispositive. [FR Doc. 2017–28405 Filed 1–2–18; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–122–858] Certain Softwood Lumber Products From Canada: Amended Final Affirmative Countervailing Duty Determination and Countervailing Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: Based on affirmative final determinations by the Department of Commerce (Commerce) and the International Trade Commission (ITC), Commerce is issuing a countervailing duty order on Certain Softwood Lumber Products (Softwood Lumber) from Canada. Also, Commerce is amending its final countervailing duty determination with respect to Softwood Lumber from Canada, to correct ministerial errors. DATES: January 3, 2018. FOR FURTHER INFORMATION CONTACT: Nicholas Czajkowski and Kristen Johnson, AD/CVD Operations, Offices I and III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: 202–482–1395 and (202) 482–4793, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background In accordance with sections 705(a), 705(d), and 777(i)(1) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.210(c), on November 8, 2017, Commerce published an affirmative final determination in the countervailing duty investigation of Softwood Lumber from Canada.1 1 See Certain Softwood Lumber Products From Canada: Final Affirmative Countervailing Duty Determination, and Final Negative Determination of Critical Circumstances, 82 FR 51814 (November 8, 2017) (Final Determination). E:\FR\FM\03JAN1.SGM 03JAN1 348 Federal Register / Vol. 83, No. 2 / Wednesday, January 3, 2018 / Notices Interested parties submitted timely filed allegations that Commerce made certain ministerial errors in the final determination of Softwood Lumber from Canada. Section 705(e) of the Act and 19 CFR 351.224(f) defines ministerial errors as errors in addition, subtraction, or other arithmetic function, clerical errors resulting from inaccurate copying, duplication, or the like, and any other type of unintentional error which the administering authority considers ministerial. We reviewed the allegations and determined that we made certain ministerial errors. See ‘‘Amendment to the Final Determination’’ section below for further discussion. On December 26, 2017, the ITC notified Commerce of its final determination pursuant to section 705(b)(1)(A)(i) and section 705(d) of the Act, that an industry in the United States is materially injured by reason of subsidized imports of Softwood Lumber from Canada.2 Scope of the Order The products covered by this order is Softwood Lumber from Canada. For a complete description of the scope of this order, see Appendix I. Amendment to the Final Determination On November 9, 2017, West Fraser Mills Ltd. and its cross-owned affiliates (collectively, West Fraser) submitted a timely, properly filed allegation that Commerce made certain ministerial errors in the Final Determination.3 On November 13, 2017, Resolute FP Canada Inc. and Resolute FP US Inc. (collectively, Resolute) and Conseil de l’Industrie Forestiere du Quebec (CIFQ) submitted a timely, properly filed allegation that Commerce made certain ministerial errors in the Final Determination.4 On November 17, 2017, the petitioner 5 submitted rebuttal comments to the Resolute and CIFQ allegation. Commerce reviewed the record and, on December 4, 2017, agreed that the error referenced in West Fraser’s allegation constitutes a ministerial error within the meaning of 705(e) of the Act and 19 CFR 351.224(f).6 Commerce found that it erroneously calculated West Fraser’s benefit under the Alberta Tax-Exempt Fuel Program for Marked Fuel, and this error was contrary to our methodological intention.7 Pursuant to 19 CFR 351.224(e), Commerce is amending the Final Determination to reflect the correction of the ministerial error described above. However, Commerce did not find a ministerial error with regard to the Resolute and CIFQ allegation,8 and thus Commerce is not amending the Final Determination with regard to that allegation. Based on our correction of the ministerial error in West Fraser’s calculation, the subsidy rate for West Fraser decreased from 18.19 percent ad valorem to 17.99 percent ad valorem.9 Because the ‘‘allothers’’ rate is based, in part, on West Fraser’s ad valorem subsidy rate, the correction noted above also decreases the ‘‘all-others’’ rate determined in the Final Determination to 14.19 percent ad valorem.10 All other countervailing duty rates remain unchanged from the Final Determination. Countervailing Duty Order In accordance with sections 705(b)(1)(A)(i) and 705(d) of the Act, the ITC notified Commerce of its final determinations that an industry in the United States is materially injured by reason of of subsidized imports of Softwood Lumber from Canada.11 Therefore, in accordance with section 705(c)(2) of the Act, we are issuing this countervailing duty order. Because the ITC determined that imports of Softwood Lumber from Canada are materially injuring a U.S. industry, unliquidated entries of such merchandise from Canada, entered or withdrawn from warehouse for consumption, are subject to the assessment of countervailing duties. As a result of the ITC’s final determination, in accordance with section 706(a) of the Act, Commerce will direct U.S. Customs and Border Protection (CBP) to assess, upon further instruction by Commerce, countervailing duties equal to the net countervailable subsidy rates, for all relevant entries of Softwood Lumber from Canada. Countervailing duties will be assessed on unliquidated entries of Softwood Lumber from Canada entered, or withdrawn from warehouse, for consumption on or after April 28, 2017, the date of publication of the Preliminary Determination,12 but will not include entries occurring after the expiration of the provisional measures period and before publication of the ITC’s final injury determination as further described below. Amended Cash Deposits and Suspension of Liquidation In accordance with section 706 of the Act, Commerce will instruct CBP to reinstitutue suspension of liquidation on all relevant entries of Softwood Lumber from Canada. These instructions suspending liquidation will remain in effect until further notice. Commerce will also instruct CBP to require cash deposits equal to the amounts as indicated below. Accordingly, effective on the date of publication of the ITC’s final affirmative injury determination, CBP will require, at the same time as importers would normally deposit estimated duties on this subject merchandise, a cash deposit equal to the subsidy rates listed below.13 The all-others rate applies to all producers or exporters not specifically listed, as appropriate. Subsidy rate (%) Company sradovich on DSK3GMQ082PROD with NOTICES Canfor Corporation and its cross-owned affiliates 14 .......................................................................................................................... J.D. Irving Limited and its cross-owned affiliates 15 ............................................................................................................................ 2 See Letter from ITC concerning Softwood Lumber from Canada USITC Investigation Nos. 701–TA–566 and 731–TA–1342, USITC Publication 4749 (December 2017) (ITC Letter). 3 See Letter from West Fraser ‘‘Softwood Lumber from Canada: Request for Correction of Ministerial Error in the Investigation Final Determination Calculations,’’ November 9, 2017 (West Fraser Ministerial Error Allegation). 4 See Letter from Resolute and CIFQ ‘‘Softwood Lumber from Canada: Comments Regarding Ministerial VerDate Sep<11>2014 16:13 Jan 02, 2018 Jkt 244001 Error,’’ November 13, 2017 (Resolute Ministerial Error Allegation). 5 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; Sullivan Forestry Consultants, Inc. 6 See Memorandum ‘‘Ministerial Error Allegations Concerning Final Affirmative Countervailing Duty PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 13.24 3.34 Determination, and Final Negative Determination of Critical Circumstances,’’ December 4, 2017. 7 Id. 8 Id. 9 Id. 10 Id. 11 See ITC Letter. 12 See Certain Softwood Lumber Products From Canada: Preliminary Affirmative Countervailing Duty Determination, and Alignment of Final Determination With Final Antidumping Duty Determination, 82 FR 19657 (April 28, 2017) (Preliminary Determination). 13 See section 706(a)(3) of the Act. E:\FR\FM\03JAN1.SGM 03JAN1 349 Federal Register / Vol. 83, No. 2 / Wednesday, January 3, 2018 / Notices Subsidy rate (%) Company Resolute FP Canada Inc. and its cross-owned affiliates 16 ................................................................................................................ Tolko Marketing and Sales Ltd. and its cross-owned affiliates 17 ....................................................................................................... West Fraser Mills Ltd. and its cross-owned affiliates 18 ...................................................................................................................... All-Others ............................................................................................................................................................................................. 14.70 14.85 17.99 14.19 14 Commerce has found the following companies to be cross-owned with Canfor Corporation: Canadian Forest Products, Ltd., and Canfor Wood Products Marketing, Ltd. 15 Commerce has found the following companies to be cross-owned with JDIL: Miramichi Timber Holdings Limited, The New Brunswick Railway Company, Rothesay Paper Holdings Ltd., St. George Pulp & Paper Limited, and Irving Paper Limited. 16 Commerce has found the following companies to be cross-owned with Resolute: Resolute Growth Canada Inc., Resolute Sales Inc., AbitibiBowater Canada Inc., Bowater Canadian Ltd., Resolute Forest Products Inc., Produits Forestiers Maurice SEC., and 9192–8515 Quebec Inc. 17 Commerce has found the following companies to be cross-owned with Tolko: Tolko Industries Ltd., and Meadow Lake OSB Limited Partnership. 18 Commerce has found the following companies to be cross-owned with West Fraser: West Fraser Timber Co. Ltd., West Fraser Alberta Holdings, Ltd., Blue Ridge Lumber Inc., Manning Forest Products, Ltd., Sunpine Inc., and Sundre Forest Products Inc. Provisional Measures Section 703(d) of the Act states that the suspension of liquidation pursuant to an affirmative preliminary countervailing duty determination may not remain in effect for more than four months. In the underlying investigation, Commerce published the Preliminary Determination on April 28, 2017. Therefore, the four-month period beginning on the date of the publication of the Preliminary Determination ended on August 26, 2017. Furthermore, section 707(b) of the Act states that definitive duties are to begin on the date of publication of the ITC’s final injury determination. Therefore, in accordance with section 703(d) of the Act and our practice, we instructed CBP to terminate the suspension of liquidation and to liquidate, without regard to duties, unliquidated entries of Softwood Lumber from Canada made on or after August 26, 2017. Suspension of liquidation will resume on the date of publication of the ITC’s final determination in the Federal Register. sradovich on DSK3GMQ082PROD with NOTICES Notification to Interested Parties This notice constitutes the countervailing duty order with respect to Softwood Lumber from Canada, pursuant to section 706(a) of the Act. Interested parties may find an updated list of CVD orders currently in effect at http://enforcement.trade.gov/stats/ iastats1.html. This order is issued and published in accordance with section 706(a) of the Act and 19 CFR 351.211(b). Dated: December 28, 2017. P. Lee Smith, Deputy Assistant Secretary for Policy and Negotiations. Appendix I—Scope of the Order The merchandise covered by this order 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 VerDate Sep<11>2014 16:13 Jan 02, 2018 Jkt 244001 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 order. 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 order 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 order: • 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 00008 Fmt 4703 Sfmt 9990 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 order 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 order is dispositive. [FR Doc. 2017–28483 Filed 1–2–18; 8:45 am] BILLING CODE 3510–DS–P E:\FR\FM\03JAN1.SGM 03JAN1

Agencies

[Federal Register Volume 83, Number 2 (Wednesday, January 3, 2018)]
[Notices]
[Pages 347-349]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-28483]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-122-858]


Certain Softwood Lumber Products From Canada: Amended Final 
Affirmative Countervailing Duty Determination and Countervailing Duty 
Order

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

SUMMARY: Based on affirmative final determinations by the Department of 
Commerce (Commerce) and the International Trade Commission (ITC), 
Commerce is issuing a countervailing duty order on Certain Softwood 
Lumber Products (Softwood Lumber) from Canada. Also, Commerce is 
amending its final countervailing duty determination with respect to 
Softwood Lumber from Canada, to correct ministerial errors.

DATES: January 3, 2018.

FOR FURTHER INFORMATION CONTACT: Nicholas Czajkowski and Kristen 
Johnson, AD/CVD Operations, Offices I and III, Enforcement and 
Compliance, International Trade Administration, U.S. Department of 
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: 
202-482-1395 and (202) 482-4793, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    In accordance with sections 705(a), 705(d), and 777(i)(1) of the 
Tariff Act of 1930, as amended (the Act), and 19 CFR 351.210(c), on 
November 8, 2017, Commerce published an affirmative final determination 
in the countervailing duty investigation of Softwood Lumber from 
Canada.\1\

[[Page 348]]

Interested parties submitted timely filed allegations that Commerce 
made certain ministerial errors in the final determination of Softwood 
Lumber from Canada. Section 705(e) of the Act and 19 CFR 351.224(f) 
defines ministerial errors as errors in addition, subtraction, or other 
arithmetic function, clerical errors resulting from inaccurate copying, 
duplication, or the like, and any other type of unintentional error 
which the administering authority considers ministerial. We reviewed 
the allegations and determined that we made certain ministerial errors. 
See ``Amendment to the Final Determination'' section below for further 
discussion.
---------------------------------------------------------------------------

    \1\ See Certain Softwood Lumber Products From Canada: Final 
Affirmative Countervailing Duty Determination, and Final Negative 
Determination of Critical Circumstances, 82 FR 51814 (November 8, 
2017) (Final Determination).
---------------------------------------------------------------------------

    On December 26, 2017, the ITC notified Commerce of its final 
determination pursuant to section 705(b)(1)(A)(i) and section 705(d) of 
the Act, that an industry in the United States is materially injured by 
reason of subsidized imports of Softwood Lumber from Canada.\2\
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    \2\ See Letter from ITC concerning Softwood Lumber from Canada 
USITC Investigation Nos. 701-TA-566 and 731-TA-1342, USITC 
Publication 4749 (December 2017) (ITC Letter).
---------------------------------------------------------------------------

Scope of the Order

    The products covered by this order is Softwood Lumber from Canada. 
For a complete description of the scope of this order, see Appendix I.

Amendment to the Final Determination

    On November 9, 2017, West Fraser Mills Ltd. and its cross-owned 
affiliates (collectively, West Fraser) submitted a timely, properly 
filed allegation that Commerce made certain ministerial errors in the 
Final Determination.\3\ On November 13, 2017, Resolute FP Canada Inc. 
and Resolute FP US Inc. (collectively, Resolute) and Conseil de 
l'Industrie Forestiere du Quebec (CIFQ) submitted a timely, properly 
filed allegation that Commerce made certain ministerial errors in the 
Final Determination.\4\ On November 17, 2017, the petitioner \5\ 
submitted rebuttal comments to the Resolute and CIFQ allegation.
---------------------------------------------------------------------------

    \3\ See Letter from West Fraser ``Softwood Lumber from Canada: 
Request for Correction of Ministerial Error in
    the Investigation Final Determination Calculations,'' November 
9, 2017 (West Fraser Ministerial Error Allegation).
    \4\ See Letter from Resolute and CIFQ ``Softwood Lumber from 
Canada: Comments Regarding Ministerial
    Error,'' November 13, 2017 (Resolute Ministerial Error 
Allegation).
    \5\ 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; Sullivan Forestry Consultants, 
Inc.
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    Commerce reviewed the record and, on December 4, 2017, agreed that 
the error referenced in West Fraser's allegation constitutes a 
ministerial error within the meaning of 705(e) of the Act and 19 CFR 
351.224(f).\6\ Commerce found that it erroneously calculated West 
Fraser's benefit under the Alberta Tax-Exempt Fuel Program for Marked 
Fuel, and this error was contrary to our methodological intention.\7\ 
Pursuant to 19 CFR 351.224(e), Commerce is amending the Final 
Determination to reflect the correction of the ministerial error 
described above. However, Commerce did not find a ministerial error 
with regard to the Resolute and CIFQ allegation,\8\ and thus Commerce 
is not amending the Final Determination with regard to that allegation. 
Based on our correction of the ministerial error in West Fraser's 
calculation, the subsidy rate for West Fraser decreased from 18.19 
percent ad valorem to 17.99 percent ad valorem.\9\ Because the ``all-
others'' rate is based, in part, on West Fraser's ad valorem subsidy 
rate, the correction noted above also decreases the ``all-others'' rate 
determined in the Final Determination to 14.19 percent ad valorem.\10\ 
All other countervailing duty rates remain unchanged from the Final 
Determination.
---------------------------------------------------------------------------

    \6\ See Memorandum ``Ministerial Error Allegations Concerning 
Final Affirmative Countervailing Duty Determination, and Final 
Negative Determination of Critical Circumstances,'' December 4, 
2017.
    \7\ Id.
    \8\ Id.
    \9\ Id.
    \10\ Id.
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Countervailing Duty Order

    In accordance with sections 705(b)(1)(A)(i) and 705(d) of the Act, 
the ITC notified Commerce of its final determinations that an industry 
in the United States is materially injured by reason of of subsidized 
imports of Softwood Lumber from Canada.\11\ Therefore, in accordance 
with section 705(c)(2) of the Act, we are issuing this countervailing 
duty order. Because the ITC determined that imports of Softwood Lumber 
from Canada are materially injuring a U.S. industry, unliquidated 
entries of such merchandise from Canada, entered or withdrawn from 
warehouse for consumption, are subject to the assessment of 
countervailing duties.
---------------------------------------------------------------------------

    \11\ See ITC Letter.
---------------------------------------------------------------------------

    As a result of the ITC's final determination, in accordance with 
section 706(a) of the Act, Commerce will direct U.S. Customs and Border 
Protection (CBP) to assess, upon further instruction by Commerce, 
countervailing duties equal to the net countervailable subsidy rates, 
for all relevant entries of Softwood Lumber from Canada. Countervailing 
duties will be assessed on unliquidated entries of Softwood Lumber from 
Canada entered, or withdrawn from warehouse, for consumption on or 
after April 28, 2017, the date of publication of the Preliminary 
Determination,\12\ but will not include entries occurring after the 
expiration of the provisional measures period and before publication of 
the ITC's final injury determination as further described below.
---------------------------------------------------------------------------

    \12\ See Certain Softwood Lumber Products From Canada: 
Preliminary Affirmative Countervailing Duty Determination, and 
Alignment of Final Determination With Final Antidumping Duty 
Determination, 82 FR 19657 (April 28, 2017) (Preliminary 
Determination).
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Amended Cash Deposits and Suspension of Liquidation

    In accordance with section 706 of the Act, Commerce will instruct 
CBP to reinstitutue suspension of liquidation on all relevant entries 
of Softwood Lumber from Canada. These instructions suspending 
liquidation will remain in effect until further notice. Commerce will 
also instruct CBP to require cash deposits equal to the amounts as 
indicated below. Accordingly, effective on the date of publication of 
the ITC's final affirmative injury determination, CBP will require, at 
the same time as importers would normally deposit estimated duties on 
this subject merchandise, a cash deposit equal to the subsidy rates 
listed below.\13\ The all-others rate applies to all producers or 
exporters not specifically listed, as appropriate.
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    \13\ See section 706(a)(3) of the Act.

------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                                (%)
------------------------------------------------------------------------
Canfor Corporation and its cross-owned affiliates \14\..           13.24
J.D. Irving Limited and its cross-owned affiliates \15\.            3.34

[[Page 349]]

 
Resolute FP Canada Inc. and its cross-owned affiliates             14.70
 \16\...................................................
Tolko Marketing and Sales Ltd. and its cross-owned                 14.85
 affiliates \17\........................................
West Fraser Mills Ltd. and its cross-owned affiliates              17.99
 \18\...................................................
All-Others..............................................          14.19
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\14\ Commerce has found the following companies to be cross-owned with
  Canfor Corporation: Canadian Forest Products, Ltd., and Canfor Wood
  Products Marketing, Ltd.
\15\ Commerce has found the following companies to be cross-owned with
  JDIL: Miramichi Timber Holdings Limited, The New Brunswick Railway
  Company, Rothesay Paper Holdings Ltd., St. George Pulp & Paper
  Limited, and Irving Paper Limited.
\16\ Commerce has found the following companies to be cross-owned with
  Resolute: Resolute Growth Canada Inc., Resolute Sales Inc., Abitibi-
  Bowater Canada Inc., Bowater Canadian Ltd., Resolute Forest Products
  Inc., Produits Forestiers Maurice SEC., and 9192-8515 Quebec Inc.
\17\ Commerce has found the following companies to be cross-owned with
  Tolko: Tolko Industries Ltd., and Meadow Lake OSB Limited Partnership.
\18\ Commerce has found the following companies to be cross-owned with
  West Fraser: West Fraser Timber Co. Ltd., West Fraser Alberta
  Holdings, Ltd., Blue Ridge Lumber Inc., Manning Forest Products, Ltd.,
  Sunpine Inc., and Sundre Forest Products Inc.

Provisional Measures

    Section 703(d) of the Act states that the suspension of liquidation 
pursuant to an affirmative preliminary countervailing duty 
determination may not remain in effect for more than four months. In 
the underlying investigation, Commerce published the Preliminary 
Determination on April 28, 2017. Therefore, the four-month period 
beginning on the date of the publication of the Preliminary 
Determination ended on August 26, 2017. Furthermore, section 707(b) of 
the Act states that definitive duties are to begin on the date of 
publication of the ITC's final injury determination. Therefore, in 
accordance with section 703(d) of the Act and our practice, we 
instructed CBP to terminate the suspension of liquidation and to 
liquidate, without regard to duties, unliquidated entries of Softwood 
Lumber from Canada made on or after August 26, 2017. Suspension of 
liquidation will resume on the date of publication of the ITC's final 
determination in the Federal Register.

Notification to Interested Parties

    This notice constitutes the countervailing duty order with respect 
to Softwood Lumber from Canada, pursuant to section 706(a) of the Act. 
Interested parties may find an updated list of CVD orders currently in 
effect at http://enforcement.trade.gov/stats/iastats1.html.
    This order is issued and published in accordance with section 
706(a) of the Act and 19 CFR 351.211(b).

    Dated: December 28, 2017.
P. Lee Smith,
Deputy Assistant Secretary for Policy and Negotiations.

Appendix I--Scope of the Order

    The merchandise covered by this order 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 order. 
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 order 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 order:
     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 order 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 
order is dispositive.

[FR Doc. 2017-28483 Filed 1-2-18; 8:45 am]
 BILLING CODE 3510-DS-P