Certain Softwood Lumber Products From Canada: Final Results of the Expedited First Sunset Review of the Antidumping Duty Order, 20479-20481 [2023-07250]
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Federal Register / Vol. 88, No. 66 / Thursday, April 6, 2023 / Notices
publication of the final results of this
review in the Federal Register. If a
timely summons is filed at the U.S.
Court of International Trade, the
assessment instructions will direct CBP
not to liquidate relevant entries until the
time for parties to file a request for a
statutory injunction has expired (i.e.,
within 90 days of publication).
ddrumheller on DSK120RN23PROD with NOTICES1
Cash Deposit Requirements
The following cash deposit
requirements will be effective for all
shipments of the subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the
publication date of the final results of
this administrative review, as provided
by section 751(a)(2)(C) of the Act: (1) the
cash deposit rate for the companies
listed above will be equal to the
weighted-average dumping margins
established in the final results of this
review, except if the rate is less than
0.50 percent and, therefore, de minimis
within the meaning of 19 CFR
351.106(c)(1), in which case the cash
deposit rate will be zero; (2) for
merchandise exported by a company not
covered in this review, but covered in
a prior segment of the proceeding, the
cash deposit rate will be the companyspecific rate published for the most
recently completed segment in which
they were reviewed; (3) if the exporter
is not a firm covered in this review or
in the original LTFV investigation, but
the producer is, then the cash deposit
rate will be the rate established for the
most recently completed segment of this
proceeding for the producer of the
merchandise; and (4) the cash deposit
rate for all other producers or exporters
will continue to be 27.11 percent, the
all-others rate established in the LTFV
investigation.10 These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Disclosure and Public Comment
We intend to disclose the calculations
performed to parties within five days
after public announcement of the
preliminary results or, if there is no
public announcement, within five days
of the date of publication of this
notice.11 Pursuant to 19 CFR 351.309(c),
interested parties may submit case briefs
no later than 30 days after the date of
publication of this notice. Rebuttal
briefs, limited to issues raised in the
case briefs, may be filed not later than
seven days after the date for filing case
briefs.12 Parties who submit case or
10 See
Order.
19 CFR 351.224(b).
12 See 19 CFR 351.309(d); see also Temporary
Rule Modifying AD/CVD Service Requirements Due
11 See
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rebuttal briefs in this proceeding are
encouraged to submit with each
argument: (1) a statement of the issue;
(2) a brief summary of the argument;
and (3) a table of authorities.13
Executive summaries should be limited
to five pages total, including footnotes.
Case and rebuttal briefs should be filed
using ACCESS and must be served on
interested parties.14 Note that
Commerce has temporarily modified
certain of its requirements for serving
documents containing business
proprietary information, until further
notice.15
Interested parties who wish to request
a hearing must submit a written request
to the Assistant Secretary for
Enforcement and Compliance, filed
electronically via ACCESS.16 Requests
should contain: (1) the party’s name,
address, and telephone number; (2) the
number of participants; and (3) a list of
issues to be discussed. Issues raised in
the hearing will be limited to those
raised in case and rebuttal briefs.17 If a
request for a hearing is made, Commerce
intends to hold the hearing at a time and
date to be determined. A hearing request
must be filed electronically using
ACCESS and received in its entirety by
5:00 p.m. Eastern Time within 30 days
after the publication of this notice.
Final Results of Review
Unless otherwise extended,
Commerce intends to issue the final
results of this administrative review,
including the results of its analysis of
the issues raised in any written briefs,
no later than 120 days after the date of
publication of this notice, pursuant to
section 751(a)(3)(A) of the Act and 19
CFR 351.213(h)(1).
Notification to Importers
This notice serves as a preliminary
reminder to importers of their
responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this POR.
Failure to comply with this requirement
could result in Commerce’s
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of double
antidumping duties.
to COVID–19; Extension of Effective Period, 85 FR
41363 (July 10, 2020) (Temporary Rule).
13 See 19 CFR 351.309(c)(2) and (d)(2); see also 19
CFR 351.303 (for general filing requirements).
14 See 19 CFR 351.303(f).
15 See Temporary Rule.
16 See 19 CFR 351.310(c).
17 See 19 CFR 351.310.
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20479
Notification to Interested Parties
Commerce is issuing and publishing
these results in accordance with
sections 751(a)(1) and 777(i) of the Act,
and 19 CFR 351.213 and 19 CFR
351.221(b)(4).
Dated: March 31, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
Appendix—List of Topics Discussed in
the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation
[FR Doc. 2023–07248 Filed 4–5–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–122–857]
Certain Softwood Lumber Products
From Canada: Final Results of the
Expedited First Sunset Review of the
Antidumping Duty Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: As a result of this expedited
sunset review, the U.S. Department of
Commerce (Commerce) finds that
revocation of the antidumping duty
(AD) order on certain softwood lumber
products (softwood lumber) from
Canada would likely lead to the
continuation or recurrence of dumping
at the levels indicated in the ‘‘Final
Results of Sunset Review’’ section of
this notice.
DATES: Applicable April 6, 2023.
FOR FURTHER INFORMATION CONTACT:
Zachary Shaykin, 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) 482–2638.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On January 3, 2018, Commerce
published the AD order on imports of
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
1 See Certain Softwood Lumber Products from
Canada: Antidumping Duty Order and Partial
Amended Final Determination, 83 FR 350 (January
3, 2018) (Order).
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Federal Register / Vol. 88, No. 66 / Thursday, April 6, 2023 / Notices
ddrumheller on DSK120RN23PROD with NOTICES1
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 within the 15-day deadline
specified in 19 CFR 351.218(d)(1)(i)
from, respectively, the Committee
Overseeing Action for Lumber
International Trade Investigations or
Negotiations (COALITION) and Sierra
Pacific Industries and its subsidiary
(Sierra Pacific) (collectively, the
domestic interested parties).3 The
domestic interested parties claimed
interested party status under sections
771(9)(C) and (F) of the Act, as a
manufacturer in the United States of the
domestic like product and as an
association of interested parties
described in sections 771(9)(C) through
(E) of the Act, respectively.4
On December 30, 2022 and January 3,
2023, Commerce received timely and
adequate substantive responses to the
notice of initiation from the domestic
interested parties within the 30-day
deadline specified in 19 CFR
351.218(d)(3).5 On January 5, 2023, one
respondent interested party, Resolute FP
Canada Inc. (Resolute) submitted a
timely yet inadequate 6 substantive
response to the notice of initiation.7 On
January 10, 2023, we received rebuttal
comments to Resolute’s substantive
response from a domestic interested
party.8 On January 25, 2023, Commerce
notified the U.S. International Trade
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 Antidumping Duty Order on Certain
Softwood Lumber Products from Canada: Notice of
Intent to Participate,’’ dated December 5, 2022
(COALITION’s Notice of Intent to Participate); 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 to
Participate).
4 See COALITION’s Notice of Intent to Participate
at 2–4; see also Sierra Pacific’s Notice of Intent to
Participate at 1–2.
5 See COALITION’s Letter, ‘‘Five-Year (‘‘Sunset’’)
Review of the Antidumping Duty Order on Certain
Softwood Lumber Products from Canada:
Substantive Response to Notice of Initiation,’’ dated
December 30, 2022; see Sierra Pacific’s Letter,
‘‘Certain Softwood Lumber Products from Canada:
Substantive Response to the Notice of Initiation,’’
dated January 3, 2023.
6 Resolute failed to show that it accounts for 50
percent or more of total exports of subject
merchandise to the United States from Canada
during the five years preceding the year of the
initiation of these sunset reviews, pursuant to 19
CFR 351.218(e)(1)(ii)(A).
7 See Resolute’s Letter, ‘‘Initiation of Five-Year
(Sunset) Reviews, Certain Softwood Lumber from
Canada, 87 FR 73,757 (Dep’t of Commerce Dec. 1,
2022),’’ dated January 5, 2023.
8 See COALITION’s Letter, ‘‘Five-Year (‘‘Sunset’’)
Review of the Antidumping Duty Order on Certain
Softwood Lumber Products from Canada: Rebuttal
to Resolute’s Substantive Response,’’ dated January
10, 2023.
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Commission that we did not receive an
adequate substantive response from
respondent interested parties.9 As a
result, pursuant to section 751(c)(3)(B)
of the Act and 19 CFR
351.218(e)(1)(ii)(C)(2), Commerce
conducted expedited (120-day) sunset
reviews of the Order.
On January 26, 2023, Resolute
submitted a request that Commerce
provide interested parties an
opportunity to submit a case brief
commenting on the final results of the
instant sunset review.10 On March 3,
2023, Resolute submitted a case brief.11
On March 6, 2023, the COALITION
submitted a request that Commerce
provide interested parties an
opportunity to submit rebuttal briefs.12
On March 7, 2023, Resolute submitted
rebuttal comments to the COALITION’s
request for a deadline for interested
parties to submit rebuttal briefs in the
instant sunset review.13 On March 8,
2023, Commerce provided interested
parties an opportunity to submit case
and rebuttal briefs with respect to this
sunset review.14 On March 13, 2023,
Sierra Pacific submitted a case brief
with respect to the final results of the
sunset review.15 On March 17, 2023, the
domestic interested parties and Resolute
submitted rebuttal briefs with respect to
the issues raised in the interested
parties’ case briefs.16
Scope of the Order
The merchandise covered by this
investigation is softwood lumber. For a
9 See Commerce’s Letter, ‘‘Sunset Reviews
Initiated December 1, 2022,’’ dated January 25,
2023.
10 See Resolute’s Letter, ‘‘Softwood Lumber from
Canada: First Sunset Review; Resolute’s Request
For Briefing Schedule In Expedited Sunset Review
Pursuant To 19 CFR 351.309(c)(1)(iii),’’ dated
January 26, 2023.
11 See Resolute’s Letter, ‘‘Certain Softwood
Lumber from Canada, Five-Year (Sunset) Review:
Resolute’s Case Brief,’’ dated March 3, 2023.
12 See COALITION’s Letter, ‘‘Five-Year
(‘‘Sunset’’) Review of the Antidumping Duty Order
on Certain Softwood Lumber Products from Canada:
Request for Rebuttal Brief Deadline,’’ dated March
6, 2023.
13 See Resolute’s Letter, ‘‘Certain Softwood
Lumber from Canada, Five-Year (Sunset) Review:
Response to Petitioner’s Request for Rebuttal Brief
Deadline,’’ dated March 7, 2023.
14 See Memorandum, ‘‘Certain Softwood Lumber
Products from Canada, First Expedited Sunset
Review; Briefing Schedule,’’ dated March 8, 2023.
15 See Sierra Pacific’s Letter, ‘‘Certain Softwood
Lumber Products From Canada: Case Brief,’’ dated
March 13, 2023.
16 See COALITION’s Letter, ‘‘Five-Year
(‘‘Sunset’’) Review of the Antidumping Duty Order
on Certain Softwood Lumber Products from Canada:
Rebuttal Brief,’’ dated March 17, 2023; see also
Sierra Pacific’s Letter, ‘‘Certain Softwood Lumber
Products from Canada: Rebuttal Brief,’’ dated March
17 2023; and Resolute’s Letter, ‘‘Certain Softwood
Lumber from Canada, Five-Year (Sunset) Review:
Resolute’s Rebuttal Brief,’’ dated March 17, 2023.
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complete description of the scope of the
Order, see Appendix I.
Analysis of Comments Received
All issues raised in this sunset review
are addressed in the accompanying
Issues and Decision Memorandum.17
The issues discussed in the Issues and
Decision Memorandum are listed in
Appendix II. 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. 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)(1) and
752(c)(1) and (3) of the Act, Commerce
determines that revocation of the Order
would be likely to lead to the
continuation or recurrence of dumping,
and the magnitude of the weightedaverage dumping margin likely to
prevail is up to 7.28 percent.
Administrative Protective Order (APO)
This notice also serves as the only
reminder to parties subject to an APO of
their responsibility concerning the
return or destruction of proprietary
information disclosed under APO in
accordance with 19 CFR 351.305(a).
Timely notification of the return or
destruction of APO materials or
conversion to judicial protective orders
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
We are issuing and publishing the
final results and this notice in
accordance with sections 751(c), 752(c),
771(i)(1) of the Act, and 19 CFR
351.218(e)(1)(II)(C)(2) and 351.221(c)(5).
Dated: March 31, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
Appendix I
Scope of the Order
The merchandise covered by this Order is
softwood lumber, siding, flooring and certain
17 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the Expedited
First Sunset Review of the Antidumping 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. 66 / Thursday, April 6, 2023 / Notices
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 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
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.
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Jkt 259001
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:
4406.11.0000; 4406.91.0000;
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; 4407.11.00.01;
4407.11.00.02; 4407.11.00.42; 4407.11.00.43;
4407.11.00.44; 4407.11.00.45; 4407.11.00.46;
4407.11.00.47; 4407.11.00.48; 4407.11.00.49;
4407.11.00.52; 4407.11.00.53; 4407.12.00.01;
4407.12.00.02; 4407.12.00.17; 4407.12.00.18;
4407.12.00.19; 4407.12.00.20; 4407.12.00.58;
4407.12.00.59; 4407.19.05.00; 4407.19.06.00;
4407.19.10.01; 4407.19.10.02; 4407.19.10.54;
4407.19.10.55; 4407.19.10.56; 4407.19.10.57;
4407.19.10.64; 4407.19.10.65; 4407.19.10.66;
4407.19.10.67; 4407.19.10.68; 4407.19.10.69;
4407.19.10.74; 4407.19.10.75; 4407.19.10.76;
4407.19.10.77; 4407.19.10.82; 4407.19.10.83;
4407.19.10.92; 4407.19.10.93; 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; 4418.50.0010; 4418.50.0030;
4418.50.0050 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.
Appendix II
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 Dumping
2. Magnitude of the Dumping Margin
Likely to Prevail
VII. Final Results of Sunset Review
VIII. Recommendation
[FR Doc. 2023–07250 Filed 4–5–23; 8:45 am]
BILLING CODE 3510–DS–P
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20481
DEPARTMENT OF COMMERCE
International Trade Administration
[A–583–831]
Stainless Steel Sheet and Strip in Coils
from Taiwan: Preliminary Results of
Antidumping Duty Administrative
Review and Preliminary Determination
of No Shipments; 2021–2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that sales of stainless steel
sheet and strip in coils (SSSSC) from
Taiwan have been made at less than
normal value during the period of
review (POR), July 1, 2021, through June
30, 2022. Additionally, Commerce
preliminarily determines that four
companies for which we initiated a
review had no shipments during the
POR. Interested parties are invited to
comment on these preliminary results.
DATES: Applicable April 6, 2023.
FOR FURTHER INFORMATION CONTACT:
Andrew Hart or Alice Maldonado, 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) 482–1058 or (202) 482–4682,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
Background
Commerce is conducting an
administrative review of the
antidumping duty order on SSSSC from
Taiwan.1 On July 1, 2022, Commerce
published in the Federal Register a
notice of opportunity to request an
administrative review of the Order.2 The
notice of initiation of this administrative
review was published on September 6,
2022.3 This review covers 61 producers
and/or exporters of the subject
merchandise. Commerce selected two
companies, Lien Kuo Metal Industries
Co., Ltd. (Lien Kuo) and S More Steel
Materials Co., Ltd. (S More) for
individual examination.4 The producers
1 See Notice of Antidumping Duty Order;
Stainless Steel Sheet and Strip in Coils from United
Kingdom, Taiwan, and South Korea, 64 FR 40555
(July 27, 1999) (Order).
2 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
to Request Administrative Review and Join Annual
Service List, 87 FR 39461 (July 1, 2022).
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 87 FR
54463 (September 6, 2022) (Initiation Notice).
4 See Memorandum, ‘‘Respondent Selection,’’
dated October 7, 2022.
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]]>Agencies
[Federal Register Volume 88, Number 66 (Thursday, April 6, 2023)]
[Notices]
[Pages 20479-20481]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07250]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-122-857]
Certain Softwood Lumber Products From Canada: Final Results of
the Expedited First Sunset Review of the Antidumping Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of this expedited sunset review, the U.S.
Department of Commerce (Commerce) finds that revocation of the
antidumping duty (AD) order on certain softwood lumber products
(softwood lumber) from Canada would likely lead to the continuation or
recurrence of dumping at the levels indicated in the ``Final Results of
Sunset Review'' section of this notice.
DATES: Applicable April 6, 2023.
FOR FURTHER INFORMATION CONTACT: Zachary Shaykin, 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) 482-2638.
SUPPLEMENTARY INFORMATION:
Background
On January 3, 2018, Commerce published the AD order on imports of
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
[[Page 20480]]
751(c) of the Tariff Act of 1930, as amended (the Act).\2\
---------------------------------------------------------------------------
\1\ See Certain Softwood Lumber Products from Canada:
Antidumping Duty Order and Partial Amended Final Determination, 83
FR 350 (January 3, 2018) (Order).
\2\ See Initiation of Five-Year (Sunset) Reviews, 87 FR 73757
(December 1, 2022).
---------------------------------------------------------------------------
On December 5 and 16, 2022, Commerce received notices of intent to
participate within the 15-day deadline specified in 19 CFR
351.218(d)(1)(i) from, respectively, the Committee Overseeing Action
for Lumber International Trade Investigations or Negotiations
(COALITION) and Sierra Pacific Industries and its subsidiary (Sierra
Pacific) (collectively, the domestic interested parties).\3\ The
domestic interested parties claimed interested party status under
sections 771(9)(C) and (F) of the Act, as a manufacturer in the United
States of the domestic like product and as an association of interested
parties described in sections 771(9)(C) through (E) of the Act,
respectively.\4\
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\3\ See COALITION's Letter, ``Five-Year (``Sunset'') Review of
the Antidumping Duty Order on Certain Softwood Lumber Products from
Canada: Notice of Intent to Participate,'' dated December 5, 2022
(COALITION's Notice of Intent to Participate); 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 to Participate).
\4\ See COALITION's Notice of Intent to Participate at 2-4; see
also Sierra Pacific's Notice of Intent to Participate at 1-2.
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On December 30, 2022 and January 3, 2023, Commerce received timely
and adequate substantive responses to the notice of initiation from the
domestic interested parties within the 30-day deadline specified in 19
CFR 351.218(d)(3).\5\ On January 5, 2023, one respondent interested
party, Resolute FP Canada Inc. (Resolute) submitted a timely yet
inadequate \6\ substantive response to the notice of initiation.\7\ On
January 10, 2023, we received rebuttal comments to Resolute's
substantive response from a domestic interested party.\8\ On January
25, 2023, Commerce notified the U.S. International Trade Commission
that we did not receive an adequate substantive response from
respondent interested parties.\9\ As a result, pursuant to section
751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), Commerce
conducted expedited (120-day) sunset reviews of the Order.
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\5\ See COALITION's Letter, ``Five-Year (``Sunset'') Review of
the Antidumping Duty Order on Certain Softwood Lumber Products from
Canada: Substantive Response to Notice of Initiation,'' dated
December 30, 2022; see Sierra Pacific's Letter, ``Certain Softwood
Lumber Products from Canada: Substantive Response to the Notice of
Initiation,'' dated January 3, 2023.
\6\ Resolute failed to show that it accounts for 50 percent or
more of total exports of subject merchandise to the United States
from Canada during the five years preceding the year of the
initiation of these sunset reviews, pursuant to 19 CFR
351.218(e)(1)(ii)(A).
\7\ See Resolute's Letter, ``Initiation of Five-Year (Sunset)
Reviews, Certain Softwood Lumber from Canada, 87 FR 73,757 (Dep't of
Commerce Dec. 1, 2022),'' dated January 5, 2023.
\8\ See COALITION's Letter, ``Five-Year (``Sunset'') Review of
the Antidumping Duty Order on Certain Softwood Lumber Products from
Canada: Rebuttal to Resolute's Substantive Response,'' dated January
10, 2023.
\9\ See Commerce's Letter, ``Sunset Reviews Initiated December
1, 2022,'' dated January 25, 2023.
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On January 26, 2023, Resolute submitted a request that Commerce
provide interested parties an opportunity to submit a case brief
commenting on the final results of the instant sunset review.\10\ On
March 3, 2023, Resolute submitted a case brief.\11\ On March 6, 2023,
the COALITION submitted a request that Commerce provide interested
parties an opportunity to submit rebuttal briefs.\12\ On March 7, 2023,
Resolute submitted rebuttal comments to the COALITION's request for a
deadline for interested parties to submit rebuttal briefs in the
instant sunset review.\13\ On March 8, 2023, Commerce provided
interested parties an opportunity to submit case and rebuttal briefs
with respect to this sunset review.\14\ On March 13, 2023, Sierra
Pacific submitted a case brief with respect to the final results of the
sunset review.\15\ On March 17, 2023, the domestic interested parties
and Resolute submitted rebuttal briefs with respect to the issues
raised in the interested parties' case briefs.\16\
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\10\ See Resolute's Letter, ``Softwood Lumber from Canada: First
Sunset Review; Resolute's Request For Briefing Schedule In Expedited
Sunset Review Pursuant To 19 CFR 351.309(c)(1)(iii),'' dated January
26, 2023.
\11\ See Resolute's Letter, ``Certain Softwood Lumber from
Canada, Five-Year (Sunset) Review: Resolute's Case Brief,'' dated
March 3, 2023.
\12\ See COALITION's Letter, ``Five-Year (``Sunset'') Review of
the Antidumping Duty Order on Certain Softwood Lumber Products from
Canada: Request for Rebuttal Brief Deadline,'' dated March 6, 2023.
\13\ See Resolute's Letter, ``Certain Softwood Lumber from
Canada, Five-Year (Sunset) Review: Response to Petitioner's Request
for Rebuttal Brief Deadline,'' dated March 7, 2023.
\14\ See Memorandum, ``Certain Softwood Lumber Products from
Canada, First Expedited Sunset Review; Briefing Schedule,'' dated
March 8, 2023.
\15\ See Sierra Pacific's Letter, ``Certain Softwood Lumber
Products From Canada: Case Brief,'' dated March 13, 2023.
\16\ See COALITION's Letter, ``Five-Year (``Sunset'') Review of
the Antidumping Duty Order on Certain Softwood Lumber Products from
Canada: Rebuttal Brief,'' dated March 17, 2023; see also Sierra
Pacific's Letter, ``Certain Softwood Lumber Products from Canada:
Rebuttal Brief,'' dated March 17 2023; and Resolute's Letter,
``Certain Softwood Lumber from Canada, Five-Year (Sunset) Review:
Resolute's Rebuttal Brief,'' dated March 17, 2023.
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Scope of the Order
The merchandise covered by this investigation is softwood lumber.
For a complete description of the scope of the Order, see Appendix I.
Analysis of Comments Received
All issues raised in this sunset review are addressed in the
accompanying Issues and Decision Memorandum.\17\ The issues discussed
in the Issues and Decision Memorandum are listed in Appendix II. 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. In
addition, a complete version of the Issues and Decision Memorandum can
be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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\17\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Expedited First Sunset Review of the
Antidumping 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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Final Results of Sunset Review
Pursuant to sections 751(c)(1) and 752(c)(1) and (3) of the Act,
Commerce determines that revocation of the Order would be likely to
lead to the continuation or recurrence of dumping, and the magnitude of
the weighted-average dumping margin likely to prevail is up to 7.28
percent.
Administrative Protective Order (APO)
This notice also serves as the only reminder to parties subject to
an APO of their responsibility concerning the return or destruction of
proprietary information disclosed under APO in accordance with 19 CFR
351.305(a). Timely notification of the return or destruction of APO
materials or conversion to judicial protective orders 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
We are issuing and publishing the final results and this notice in
accordance with sections 751(c), 752(c), 771(i)(1) of the Act, and 19
CFR 351.218(e)(1)(II)(C)(2) and 351.221(c)(5).
Dated: March 31, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix I
Scope of the Order
The merchandise covered by this Order is softwood lumber,
siding, flooring and certain
[[Page 20481]]
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:
4406.11.0000; 4406.91.0000; 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;
4407.11.00.01; 4407.11.00.02; 4407.11.00.42; 4407.11.00.43;
4407.11.00.44; 4407.11.00.45; 4407.11.00.46; 4407.11.00.47;
4407.11.00.48; 4407.11.00.49; 4407.11.00.52; 4407.11.00.53;
4407.12.00.01; 4407.12.00.02; 4407.12.00.17; 4407.12.00.18;
4407.12.00.19; 4407.12.00.20; 4407.12.00.58; 4407.12.00.59;
4407.19.05.00; 4407.19.06.00; 4407.19.10.01; 4407.19.10.02;
4407.19.10.54; 4407.19.10.55; 4407.19.10.56; 4407.19.10.57;
4407.19.10.64; 4407.19.10.65; 4407.19.10.66; 4407.19.10.67;
4407.19.10.68; 4407.19.10.69; 4407.19.10.74; 4407.19.10.75;
4407.19.10.76; 4407.19.10.77; 4407.19.10.82; 4407.19.10.83;
4407.19.10.92; 4407.19.10.93; 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; 4418.50.0010; 4418.50.0030;
4418.50.0050 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.
Appendix II
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 Dumping
2. Magnitude of the Dumping Margin Likely to Prevail
VII. Final Results of Sunset Review
VIII. Recommendation
[FR Doc. 2023-07250 Filed 4-5-23; 8:45 am]
BILLING CODE 3510-DS-P
