Certain Softwood Lumber Products From Canada: Final Results of the Expedited Sunset Review of the Countervailing Duty Order, 19613-19614 [2023-06791]
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Federal Register / Vol. 88, No. 63 / Monday, April 3, 2023 / Notices
Notification Regarding Administrative
Protective Order
This notice also serves as the only
reminder to parties subject to
administrative protective order (APO) of
their responsibility concerning the
return or destruction of proprietary
information disclosed under APO in
accordance with 19 CFR 351.305.
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 terms of an
APO is a violation which is subject to
sanction.
Notification to Interested Parties
Commerce is issuing and publishing
these final results and this notice in
accordance with sections 751(c), 752(b),
and 777(i)(1) of the Act, and 19 CFR
351.218.
Dated: March 24, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. History of the Order
V. Legal Framework
VI. Discussion of the Issues
1. Likelihood of Continuation or
Recurrence of a Countervailable Subsidy
2. Net Countervailable Subsidy Likely to
Prevail
3. Nature of the Subsidy
VII. Final Results of the Sunset Review
VIII. Recommendation
[FR Doc. 2023–06793 Filed 3–31–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–122–858]
Certain Softwood Lumber Products
From Canada: Final Results of the
Expedited Sunset Review of the
Countervailing Duty Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) finds that
revocation of the countervailing duty
(CVD) order on certain softwood lumber
products (softwood lumber) from
Canada would be likely to lead to
continuation or recurrence of
countervailable subsidies at the levels
lotter on DSK11XQN23PROD with NOTICES1
AGENCY:
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17:14 Mar 31, 2023
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indicated in the ‘‘Final Results of Sunset
Review’’ section of this notice.
DATES: Applicable April 3, 2023.
FOR FURTHER INFORMATION CONTACT:
Kristen Johnson or Laura Griffith, AD/
CVD Operations, Office III, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–4793 and (202) 482–6430,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On January 3, 2018, Commerce
published the Order on softwood
lumber from Canada.1 On December 1,
2022, Commerce published the notice of
initiation of the first sunset review of
the Order, pursuant to section 751(c) of
the Tariff Act of 1930, as amended (the
Act).2 On December 5 and 16, 2022,
Commerce received notices of intent to
participate in this review from the
Committee Overseeing Action for
Lumber International Trade
Investigations or Negotiations
(COALITION) and Sierra Pacific
Industries, including its subsidiary
Seneca Sawmill Company (Sierra
Pacific), respectively, within the
deadline specified in 19 CFR
351.218(d)(1)(i).3 The COALITION, the
petitioner in the underlying
investigation, claims that it has
interested party status within the
meaning of 19 CFR 351.102(b)(29)(viii),
as an association, the majority of whose
members are interested parties
described in subparagraphs (C), (D), or
(E) of section 771(9) of the Act with
respect to a domestic like product.4
Sierra Pacific claims interested party
status within the meaning of section
771(9)(C) of the Act and 19 CFR
351.102(b)(29)(v) as a U.S. producer of
the domestic like product.5
On December 30, 2022, and January 3,
2023, Commerce received adequate
substantive responses from the
COALITION and Sierra Pacific,
respectively, within the 30-day deadline
1 See Certain Softwood Lumber Products from
Canada: Amended Final Affirmative Countervailing
Duty Determination and Countervailing Duty Order,
83 FR 347 (January 3, 2018) (Order).
2 See Initiation of Five-Year (Sunset) Reviews, 87
FR 73757 (December 1, 2022).
3 See COALITION’s Letter, ‘‘Five-Year (Sunset)
Review of the Countervailing Duty Order on Certain
Softwood Lumber Products from Canada: Notice of
Intent to Participate,’’ dated December 5, 2022
(COALITON’s Notice of Intent); see also Sierra
Pacific’s Letter, ‘‘Certain Softwood Lumber
Products from Canada: Notice of Intent to
Participate in Sunset Review,’’ dated December 16,
2022 (Sierra Pacific’s Notice of Intent).
4 See COALITION’s Notice of Intent at 2–4.
5 See Sierra Pacific’s Notice of Intent at 2.
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19613
specified in 19 CFR 351.218(d)(3)(i).6
Commerce did not receive a substantive
response from either the Government of
Canada or any other respondent
interested party to this proceeding. On
January 25, 2023, Commerce notified
the U.S. International Trade
Commission that it did not receive an
adequate substantive response from
respondent interested parties.7 As a
result, Commerce conducted an
expedited (120-day) sunset review of the
Order, pursuant to section 751(c)(3)(B)
of the Act and 19 CFR
351.218(e)(1)(ii)(B)(2) and (C)(2).
Scope of the Order
The merchandise covered by this
Order is softwood lumber, siding,
flooring and certain other coniferous
wood (softwood lumber products). For a
complete description of the scope of the
Order, see the Issues and Decision
Memorandum.8
Analysis of Comments Received
A complete discussion of all issues
raised in this sunset review, including
the likelihood of continuation or
recurrence of subsidization in the event
of revocation of the Order and the
countervailable subsidy rates likely to
prevail if the Order were to be revoked,
is provided in the Issues and Decision
Memorandum. A list of the topics
discussed in the Issues and Decision
Memorandum is attached as an
appendix to this notice. 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), which is available to
registered users at https://
access.trade.gov. In addition, a complete
version of the Issues and Decision
Memorandum can be accessed directly
at https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Final Results of Sunset Review
Pursuant to sections 751(c) and 752(b)
of the Act, we determine that revocation
6 See COALITION’s Letter, ‘‘Five-Year (Sunset)
Review of the Countervailing Duty Order on Certain
Softwood Lumber Products from Canada:
Substantive Response to Notice of Initiation,’’ dated
December 30, 2022; see also Sierra Pacific’s Letter,
‘‘Certain Softwood Lumber Products from Canada:
Substantive Response to the Notice of Initiation,’’
dated January 3, 2023.
7 See Commerce’s Letter, ‘‘Sunset Reviews
Initiated December 1, 2022,’’ dated January 25,
2023.
8 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the Expedited
Sunset Review of the Countervailing Duty Order on
Certain Softwood Lumber Products from Canada,’’
dated concurrently with, and hereby adopted by,
this notice (Issues and Decision Memorandum).
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Federal Register / Vol. 88, No. 63 / Monday, April 3, 2023 / Notices
of the Order would be likely to lead to
continuation or recurrence of
countervailable subsidies at the
following net countervailable subsidy
rates:
Net countervailable
subsidy rate
(percent)
ad valorem
Producers/exporters
Canfor Corporation and its cross-owned affiliates 9 ..............................................................................................................
J.D. Irving, Limited and its cross-owned affiliates 10 .............................................................................................................
Resolute FP Canada Inc. and its cross-owned affiliates 11 ..................................................................................................
Tolko Marketing and Sales Ltd. and its cross-owned affiliates 12 .........................................................................................
West Fraser Mills Ltd. and its cross-owned affiliates 13 ........................................................................................................
All-Others Rate ......................................................................................................................................................................
Administrative Protective Order
This notice serves as the only
reminder to parties subject to
administrative protective order (APO) of
their responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305, which continues
to govern business proprietary
information in this segment of the
proceeding. Timely written 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
sanctionable violation.
[FR Doc. 2023–06791 Filed 3–31–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Notice of Scope Ruling Applications
Filed in Antidumping and
Countervailing Duty Proceedings
I. Summary
II. Background
III. Scope of the Order
IV. History of the Order
V. Legal Framework
VI. Discussion of the Issues
1. Likelihood of Continuation or
Recurrence of a Countervailable Subsidy
2. Net Countervailable Subsidy Likely to
Prevail
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) received scope
ruling applications, requesting that
scope inquiries be conducted to
determine whether identified products
are covered by the scope of antidumping
duty (AD) and/or countervailing duty
(CVD) orders and that Commerce issue
scope rulings pursuant to those
inquiries. In accordance with
Commerce’s regulations, we are
notifying the public of the filing of the
scope ruling applications listed below
in the month of February 2023.
DATES: Applicable April 3, 2023.
FOR FURTHER INFORMATION CONTACT:
Terri Monroe, AD/CVD Operations,
Customs Liaison Unit, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230, telephone:
(202) 482–1384.
9 Commerce found the following companies to be
cross-owned with Canfor: Canadian Forest
Products., Ltd. and Canfor Wood Products
Marketing, Ltd.
10 Commerce 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.
11 Commerce 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.
12 Commerce found the following companies to be
cross-owned with Tolko: Tolko Industries Ltd., and
Meadow Lake OSB Limited Partnership.
13 Commerce found the following companies to be
cross-owned with West Fraser: Blue Ridge Lumber
Inc., Manning Forest Products, Ltd., Sundre Forest
Products Inc., Sunpine Inc., West Fraser Alberta
Holdings, Ltd., and West Fraser Timber Co., Ltd.
1 See Regulations to Improve Administration and
Enforcement of Antidumping and Countervailing
Duty Laws, 86 FR 52300, 52316 (September 20,
Notification to Interested Parties
Commerce is issuing and publishing
these final results and this notice in
accordance with sections 751(c), 752(b),
and 777(i)(1) of the Act and 19 CFR
351.218.
Dated: March 24, 2023.
Ryan Majerus,
Deputy Assistant Secretary for Policy and
Negotiations.
Appendix—List of Topics Discussed in
the Issues and Decision Memorandum
lotter on DSK11XQN23PROD with NOTICES1
3. Nature of the Subsidy
VII. Final Results of the Sunset Review
VIII. Recommendation
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3.58
19.19
20.28
18.68
19.62
SUPPLEMENTARY INFORMATION:
Notice of Scope Ruling Applications
In accordance with 19 CFR
351.225(d)(3), we are notifying the
public of the following scope ruling
applications related to AD and CVD
orders and findings filed in or around
the month of February 2023. This
notification includes, for each scope
application: (1) identification of the AD
and/or CVD orders at issue (19 CFR
351.225(c)(1)); (2) concise public
descriptions of the products at issue,
including the physical characteristics
(including chemical, dimensional and
technical characteristics) of the products
(19 CFR 351.225(c)(2)(ii)); (3) the
countries where the products are
produced and the countries from where
the products are exported (19 CFR
351.225(c)(2)(i)(B)); (4) the full names of
the applicants; and (5) the dates that the
scope applications were filed with
Commerce and the name of the ACCESS
scope segment where the scope
applications can be found.1 This notice
does not include applications which
have been rejected and not properly
resubmitted. The scope ruling
applications listed below are available
on Commerce’s online e-filing and
document management system,
Antidumping and Countervailing Duty
Electronic Service System (ACCESS), at
https://access.trade.gov.
Scope Ruling Applications
Wooden Bedroom Furniture from the
People’s Republic of China (China) (A–
570–890); various models of wooden
2021) (Final Rule) (‘‘It is our expectation that the
Federal Register list will include, where
appropriate, for each scope application the
following data: (1) identification of the AD and/or
CVD orders at issue; (2) a concise public summary
of the product’s description, including the physical
characteristics (including chemical, dimensional
and technical characteristics) of the product; (3) the
country(ies) where the product is produced and the
country from where the product is exported; (4) the
full name of the applicant; and (5) the date that the
scope application was filed with Commerce.’’)
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]]>Agencies
[Federal Register Volume 88, Number 63 (Monday, April 3, 2023)]
[Notices]
[Pages 19613-19614]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-06791]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-122-858]
Certain Softwood Lumber Products From Canada: Final Results of
the Expedited Sunset Review of the Countervailing Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) finds that
revocation of the countervailing duty (CVD) order on certain softwood
lumber products (softwood lumber) from Canada would be likely to lead
to continuation or recurrence of countervailable subsidies at the
levels indicated in the ``Final Results of Sunset Review'' section of
this notice.
DATES: Applicable April 3, 2023.
FOR FURTHER INFORMATION CONTACT: Kristen Johnson or Laura Griffith, AD/
CVD Operations, Office III, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-4793 and (202)
482-6430, respectively.
SUPPLEMENTARY INFORMATION:
Background
On January 3, 2018, Commerce published the Order on softwood lumber
from Canada.\1\ On December 1, 2022, Commerce published the notice of
initiation of the first sunset review of the Order, pursuant to section
751(c) of the Tariff Act of 1930, as amended (the Act).\2\ On December
5 and 16, 2022, Commerce received notices of intent to participate in
this review from the Committee Overseeing Action for Lumber
International Trade Investigations or Negotiations (COALITION) and
Sierra Pacific Industries, including its subsidiary Seneca Sawmill
Company (Sierra Pacific), respectively, within the deadline specified
in 19 CFR 351.218(d)(1)(i).\3\ The COALITION, the petitioner in the
underlying investigation, claims that it has interested party status
within the meaning of 19 CFR 351.102(b)(29)(viii), as an association,
the majority of whose members are interested parties described in
subparagraphs (C), (D), or (E) of section 771(9) of the Act with
respect to a domestic like product.\4\ Sierra Pacific claims interested
party status within the meaning of section 771(9)(C) of the Act and 19
CFR 351.102(b)(29)(v) as a U.S. producer of the domestic like
product.\5\
---------------------------------------------------------------------------
\1\ See Certain Softwood Lumber Products from Canada: Amended
Final Affirmative Countervailing Duty Determination and
Countervailing Duty Order, 83 FR 347 (January 3, 2018) (Order).
\2\ See Initiation of Five-Year (Sunset) Reviews, 87 FR 73757
(December 1, 2022).
\3\ See COALITION's Letter, ``Five-Year (Sunset) Review of the
Countervailing Duty Order on Certain Softwood Lumber Products from
Canada: Notice of Intent to Participate,'' dated December 5, 2022
(COALITON's Notice of Intent); see also Sierra Pacific's Letter,
``Certain Softwood Lumber Products from Canada: Notice of Intent to
Participate in Sunset Review,'' dated December 16, 2022 (Sierra
Pacific's Notice of Intent).
\4\ See COALITION's Notice of Intent at 2-4.
\5\ See Sierra Pacific's Notice of Intent at 2.
---------------------------------------------------------------------------
On December 30, 2022, and January 3, 2023, Commerce received
adequate substantive responses from the COALITION and Sierra Pacific,
respectively, within the 30-day deadline specified in 19 CFR
351.218(d)(3)(i).\6\ Commerce did not receive a substantive response
from either the Government of Canada or any other respondent interested
party to this proceeding. On January 25, 2023, Commerce notified the
U.S. International Trade Commission that it did not receive an adequate
substantive response from respondent interested parties.\7\ As a
result, Commerce conducted an expedited (120-day) sunset review of the
Order, pursuant to section 751(c)(3)(B) of the Act and 19 CFR
351.218(e)(1)(ii)(B)(2) and (C)(2).
---------------------------------------------------------------------------
\6\ See COALITION's Letter, ``Five-Year (Sunset) Review of the
Countervailing Duty Order on Certain Softwood Lumber Products from
Canada: Substantive Response to Notice of Initiation,'' dated
December 30, 2022; see also Sierra Pacific's Letter, ``Certain
Softwood Lumber Products from Canada: Substantive Response to the
Notice of Initiation,'' dated January 3, 2023.
\7\ See Commerce's Letter, ``Sunset Reviews Initiated December
1, 2022,'' dated January 25, 2023.
---------------------------------------------------------------------------
Scope of the Order
The merchandise covered by this Order is softwood lumber, siding,
flooring and certain other coniferous wood (softwood lumber products).
For a complete description of the scope of the Order, see the Issues
and Decision Memorandum.\8\
---------------------------------------------------------------------------
\8\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Expedited Sunset Review of the Countervailing
Duty Order on Certain Softwood Lumber Products from Canada,'' dated
concurrently with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
---------------------------------------------------------------------------
Analysis of Comments Received
A complete discussion of all issues raised in this sunset review,
including the likelihood of continuation or recurrence of subsidization
in the event of revocation of the Order and the countervailable subsidy
rates likely to prevail if the Order were to be revoked, is provided in
the Issues and Decision Memorandum. A list of the topics discussed in
the Issues and Decision Memorandum is attached as an appendix to this
notice. 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),
which is available to registered users at https://access.trade.gov. In
addition, a complete version of the Issues and Decision Memorandum can
be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
Final Results of Sunset Review
Pursuant to sections 751(c) and 752(b) of the Act, we determine
that revocation
[[Page 19614]]
of the Order would be likely to lead to continuation or recurrence of
countervailable subsidies at the following net countervailable subsidy
rates:
---------------------------------------------------------------------------
\9\ Commerce found the following companies to be cross-owned
with Canfor: Canadian Forest Products., Ltd. and Canfor Wood
Products Marketing, Ltd.
\10\ Commerce 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.
\11\ Commerce 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.
\12\ Commerce found the following companies to be cross-owned
with Tolko: Tolko Industries Ltd., and Meadow Lake OSB Limited
Partnership.
\13\ Commerce found the following companies to be cross-owned
with West Fraser: Blue Ridge Lumber Inc., Manning Forest Products,
Ltd., Sundre Forest Products Inc., Sunpine Inc., West Fraser Alberta
Holdings, Ltd., and West Fraser Timber Co., Ltd.
------------------------------------------------------------------------
Net countervailable
Producers/exporters subsidy rate
(percent) ad valorem
------------------------------------------------------------------------
Canfor Corporation and its cross-owned affiliates 13.96
\9\.............................................
J.D. Irving, Limited and its cross-owned 3.58
affiliates \10\.................................
Resolute FP Canada Inc. and its cross-owned 19.19
affiliates \11\.................................
Tolko Marketing and Sales Ltd. and its cross- 20.28
owned affiliates \12\...........................
West Fraser Mills Ltd. and its cross-owned 18.68
affiliates \13\.................................
All-Others Rate.................................. 19.62
------------------------------------------------------------------------
Administrative Protective Order
This notice serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305, which continues to govern
business proprietary information in this segment of the proceeding.
Timely written 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 sanctionable violation.
Notification to Interested Parties
Commerce is issuing and publishing these final results and this
notice in accordance with sections 751(c), 752(b), and 777(i)(1) of the
Act and 19 CFR 351.218.
Dated: March 24, 2023.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations.
Appendix--List of Topics Discussed in the Issues and Decision
Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. History of the Order
V. Legal Framework
VI. Discussion of the Issues
1. Likelihood of Continuation or Recurrence of a Countervailable
Subsidy
2. Net Countervailable Subsidy Likely to Prevail
3. Nature of the Subsidy
VII. Final Results of the Sunset Review
VIII. Recommendation
[FR Doc. 2023-06791 Filed 3-31-23; 8:45 am]
BILLING CODE 3510-DS-P
