Certain Softwood Lumber Products From Canada: Antidumping Duty Order and Partial Amended Final Determination, 350-351 [2017-28484]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 83, Number 2 (Wednesday, January 3, 2018)]
[Notices]
[Pages 350-351]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-28484]



[[Page 350]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-122-857]


Certain Softwood Lumber Products From Canada: Antidumping Duty 
Order and Partial Amended Final Determination

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 (the ITC), 
Commerce is issuing an antidumping duty order on certain softwood 
lumber products (softwood lumber) from Canada.

DATES: January 3, 2018.

FOR FURTHER INFORMATION CONTACT: Stephen Bailey at (202) 482-0193, AD/
CVD Operations, Enforcement and Compliance, U.S. Department of 
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230.

SUPPLEMENTARY INFORMATION: 

Background

    In accordance with sections 735(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 
less-than-fair-value (LTFV) investigation of softwood lumber from 
Canada.\1\ On December 26, 2017, the ITC notified Commerce of its 
affirmative determination that an industry in the United States is 
materially injured within the meaning of section 735(b)(1)(A)(i) of the 
Act, by reason of the LTFV imports of softwood lumber from Canada and 
its determination that critical circumstances do not exist with respect 
to imports of subject merchandise from certain producers subject to 
Commerce's affirmative critical circumstances determination.\2\
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    \1\ See Certain Softwood Lumber Products from Canada: Final 
Affirmative Determination of Sales at Less Than Fair Value and 
Affirmative Final Determination of Critical Circumstances, 82 FR 
51806 (November 8, 2017) (Final Determination).
    \2\ See Letter to Gary Taverman, Acting Assistant Secretary of 
Commerce for Enforcement and Compliance, from Rhonda K. Schmidtlein, 
Chairman of the U.S. International Trade Commission, regarding 
certain softwood lumber products from Canada (December 26, 2017) 
(ITC Letter).
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    On November 13, 2017, Canfor Corporation (Canfor), one of the 
mandatory respondents, alleged that Commerce made ministerial errors 
with respect to the calculation of Canfor's dumping margin in the final 
determination.\3\ We agree that the alleged errors were made, and are 
amending Canfor's dumping margin as well as the All-Others rate.\4\
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    \3\ See Comments from Canfor Corporation dated November 13, 
2017.
    \4\ See Memorandum, ``Final Affirmative Determination of Sales 
at Less Than Fair Value and Affirmative Final Determination of 
Critical Circumstances of Certain Softwood Lumber Products from 
Canada: Allegations of Ministerial Errors,'' dated December 4, 2017.
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Scope of the Order

    The product covered by this order is softwood lumber from Canada. 
For a complete description of the scope of this order, see the Appendix 
to this notice.

Antidumping Duty Order

    In accordance with sections 735(b)(1)(A)(i) and 735(d) of the Act, 
the ITC notified Commerce of its final determination in this 
investigation, in which it found that an industry in the United States 
is materially injured by reason of imports of softwood lumber from 
Canada. The ITC also notified Commerce of its determination that 
critical circumstances do not exist with respect to imports of softwood 
lumber from Canada subject to Commerce's critical circumstances 
finding.\5\ Therefore, in accordance with section 735(c)(2) of the Act, 
Commerce is issuing this antidumping 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 antidumping duties.
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    \5\ See ITC Letter.
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    As a result of the ITC's final determination, in accordance with 
section 736(a)(1) of the Act, Commerce will direct U.S. Customs and 
Border Protection (CBP) to assess, upon further instruction by 
Commerce, antidumping duties equal to the amount by which the normal 
value of the merchandise exceeds the export price (or constructed 
export price) of the merchandise, for all relevant entries of softwood 
lumber from Canada. Antidumping duties will be assessed on unliquidated 
entries of softwood lumber from Canada entered, or withdrawn from 
warehouse, for consumption on or after June 30, 2017, the date of 
publication of the preliminary determination,\6\ 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.
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    \6\ See Certain Softwood Lumber Products from Canada: 
Preliminary Affirmative Determination of Sales at Less Than Fair 
Value, 82 FR 29833 (June 30, 2017) (Preliminary Determination).
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Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, Commerce will 
instruct CBP to continue to suspend 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 cash deposit rates listed below.\7\ The relevant all-others rate 
applies to all producers or exporters not specifically listed, as 
appropriate.
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    \7\ See section 736(a)(3) of the Act.
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Provisional Measures

    Section 733(d) of the Act states that instructions issued pursuant 
to an affirmative preliminary determination may not remain in effect 
for more than four months, except where exporters representing a 
significant proportion of exports of the subject merchandise request 
Commerce to extend that four-month period to no more than six months. 
At the request of exporters that account for a significant proportion 
of softwood lumber from Canada, Commerce extended the four-month period 
to six months in each case.\8\ In the underlying investigation, 
Commerce published the preliminary determination on June 30, 2017. 
Therefore, the extended period, beginning on the date of publication of 
the preliminary determination, ended on December 26, 2017. Furthermore, 
section 737(b) of the Act states that the collection of final, 
estimated cash deposits will begin on the date of publication of the 
ITC's final injury determination.
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    \8\ 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).
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    Therefore, in accordance with section 733(d) of the Act and our 
practice, Commerce will instruct CBP to terminate the suspension of 
liquidation and to liquidate, without regard to antidumping duties, 
unliquidated entries of softwood lumber from Canada entered, or 
withdrawn from warehouse, for consumption after December 26, 2017, the 
date on which the provisional

[[Page 351]]

measures expired, until and through the day preceding the date of 
publication of the ITC's final injury determinations in the Federal 
Register. Suspension of liquidation will resume on the date of 
publication of the ITC's final determination in the Federal Register.

Critical Circumstances

    With regard to the ITC's negative critical circumstances 
determination on imports of subject merchandise from Canada, Commerce 
will instruct CBP to lift suspension and to refund any cash deposits 
made to secure the payment of estimated antidumping duties with respect 
to entries of subject merchandise entered, or withdrawn from warehouse, 
for consumption on or after April 1, 2017 (i.e., 90 days prior to the 
date of publication of the preliminary determination), but before June 
30, 2017, (i.e., the date of publication of the preliminary 
determination).

Estimated Weighted-Average Dumping Margins

    The weighted-average antidumping duty margin percentages and cash 
deposit rates are as follows:

------------------------------------------------------------------------
                                                             Weighted
                                                              average
                  Exporter or producer                    dumping margin
                                                             (percent)
------------------------------------------------------------------------
Canfor Corporation......................................            7.28
Resolute FP Canada Inc..................................            3.20
Tolko Industries Ltd. and Tolko Marketing & Services,               7.22
 Ltd....................................................
West Fraser Mills Ltd...................................            5.57
All-Others..............................................            6.04
------------------------------------------------------------------------

    This notice constitutes the antidumping duty order with respect to 
softwood lumber from Canada pursuant to section 736(a) of the Act. 
Interested parties can find a list of antidumping duty orders currently 
in effect at https://enforcement.trade.gov/stats/iastats1.html.
    This order is published in accordance with section 736(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

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 
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.

[FR Doc. 2017-28484 Filed 1-2-18; 8:45 am]
 BILLING CODE 3510-DS-P