Certain Softwood Lumber Products From Canada: Notice of Reinstatement of Exclusion From the Countervailing Duty Order, 85225-85226 [2023-26857]

Download as PDF Federal Register / Vol. 88, No. 234 / Thursday, December 7, 2023 / Notices HTSUS subheadings: 9404.21.0010, 9404.21.0013, 9404.29.1005, 9404.29.1013, 9404.29.9085, and 9404.29.9087. Products subject to this Order may also enter under HTSUS subheadings: 9404.21.0095, 9404.29.1095, 9404.29.9095, 9401.41.0000, 9401.49.0000, and 9401.99.9081. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the merchandise subject to this Order is dispositive. For a complete description of the scope of the Order, see the Issues and Decision Memorandum. Analysis of Comments Received All issues raised by the parties in their case and rebuttal briefs, to which we responded in the Issues and Decision Memorandum, are listed in the 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). 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 at https://access.trade.gov/public/ FRNoticesListLayout.aspx. Bona Fide Sales Analysis In the Preliminary Results, Commerce found that the sole mandatory respondent Saffron did not have a bona fide sale of a mattress during the POR.4 Based on an analysis of the information on the administrative record, Commerce continues to find that Saffron did not have a bona fide sale during the POR. Commerce reached this conclusion based on its consideration of the totality of circumstances, including, but not limited to: (a) the atypical nature of both the price and quantity of the sale; (b) the expenses incurred arising from the transaction; (c) the profitability of the resold subject merchandise; and (d) the likelihood that the sale is atypical due to the business nature of the U.S. customer. Consequently, we are rescinding this administrative review. ddrumheller on DSK120RN23PROD with NOTICES1 Assessment Rates Because Commerce is rescinding this administrative review, we have not calculated a dumping margin for Saffron. Saffron’s entries will be liquidated at 37.48 percent, the company-specific rate established in the 4 See Preliminary Results, 88 FR at 37010. VerDate Sep<11>2014 20:23 Dec 06, 2023 Jkt 262001 less than fair value (LTFV) investigation.5 Cash Deposit Requirements Because we are rescinding this administrative review, Saffron remains subject to the antidumping duty rate for its merchandise entered (i.e. 37.48 percent), which is the company-specific rate established in the LTFV investigation.6 These cash deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers This notice serves as a final 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 has occurred and the subsequent assessment of double antidumping duties. Administrative Protective Order This notice also serves as a final 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(a)(3), 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 We are issuing and publishing this notice in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(d)(3). Dated: December 1, 2023. Abdelali Elouaradia, Deputy 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. Discussion of the Issues 5 See Mattresses from Thailand: Final Affirmative Determination of Sales at Less Than Fair Value, 86 FR 15928, 15929 (March 25, 2021); and Order, 86 FR at 26462. 6 Id. PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 85225 Comment 1: Whether Saffron Had a Bona Fide Sale During the POR Comment 2: Whether Commerce Must Conduct Verification if it Reverses its Decision to Rescind the Administrative Review Comment 3: Whether Commerce Should Apply Facts Available to Calculate Saffron’s Dumping Margin if It Reverses Its Decision to Rescind the Administrative Review Comment 4: Whether Commerce Should Apply the Transactions Disregarded and Major Input Rules if It Reverses Its Decision to Rescind the Administrative Review V. Recommendation [FR Doc. 2023–26897 Filed 12–6–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–122–858] Certain Softwood Lumber Products From Canada: Notice of Reinstatement of Exclusion From the Countervailing Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On November 20, 2023, the U.S. Court of International Trade (CIT) issued an order in Committee Overseeing Action for Lumber International Trade Investigations or Negotiations v. United States, et. al., Consol. Ct. No. 19–00122 (Slip Op. 23– 163), reinstating the exclusion of Les Produits Forestiers D&G Lte´e (D&G), Marcel Lauzon Inc. (MLI), North American Forest Products Ltd. (NAFP) (located in New Brunswick), and Scierie Alexandre Lemay & Fils Inc. (Lemay), and their cross-owned companies, from the countervailing duty (CVD) order on certain softwood lumber products (softwood lumber) from Canada. In accordance with the CIT’s order, Commerce is issuing this notice excluding from the CVD order D&G, MLI, NAFP, and Lemay, and their crossowned companies. Commerce will also direct U.S. Customs and Border Protection (CBP) to discontinue suspension of liquidation and the collection of cash deposits for all shipments of softwood lumber produced and exported by D&G, Lemay, MLI, and NAFP, entered, or withdrawn from warehouse, for consumption on or after August 28, 2021, to liquidate all suspended entries of shipments of softwood lumber produced and exported by D&G, Lemay, MLI, and NAFP without regard to countervailing duties; and to refund all cash deposits AGENCY: E:\FR\FM\07DEN1.SGM 07DEN1 85226 Federal Register / Vol. 88, No. 234 / Thursday, December 7, 2023 / Notices of estimated countervailing duties collected on all such shipments. DATES: Applicable August 28, 2021. FOR FURTHER INFORMATION CONTACT: Kristen Johnson, 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. SUPPLEMENTARY INFORMATION: ddrumheller on DSK120RN23PROD with NOTICES1 Background On January 3, 2018, Commerce published the CVD order on softwood lumber from Canada.1 On July 5, 2019, Commerce published its Final Results of Expedited Review for the Order.2 In the Final Results of Expedited Review, Commerce found that five companies subject to the review had de minimis subsidy rates, and therefore, were excluded from the Order.3 The five companies are D&G, Lemay, MLI, NAFP, and Roland Boulanger & Cie Lte´e (Roland).4 The Committee Overseeing Action for Lumber International Trade Investigations or Negotiations appealed Commerce’s Final Results of Expedited Review. On November 19, 2020, the CIT remanded the Final Results of Expedited Review to Commerce for reconsideration of the statutory basis upon which Commerce promulgated its CVD expedited review regulations at 19 CFR 351.214(k) to determine individual subsidy rates for companies not individually examined in an investigation.5 In its Final Remand, issued in February 2021, Commerce determined that section 103(a) of the Uruguay Round of Agreements Act, as well as the other legal authorities presented to the CIT, cannot be the basis for the promulgation of the CVD expedited review regulations under 19 CFR 351.214(k) and, thus, Commerce lacks the statutory authority to conduct CVD expedited reviews.6 The CIT sustained 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 Certain Softwood Lumber Products from Canada: Final Results of Countervailing Duty Expedited Review, 84 FR 32121 (July 5, 2019) (Final Results of Expedited Review), and accompanying Issues and Decision Memorandum. 3 Id., 84 FR at 32122. 4 Id. While Commerce calculated a de minimis rate for Roland and its cross-owned affiliates, those companies are not a party to the litigation nor to the Court’s order ordering this notice. 5 See Committee Overseeing Action for Lumber International Trade Investigations or Negotiations, et al. v. United States, et al., Court No. 19–00122, Slip Op. 20–167 (CIT 2020). 6 See Final Results of Redetermination Pursuant to Court Remand, Committee Overseeing Action for VerDate Sep<11>2014 20:23 Dec 06, 2023 Jkt 262001 Commerce’s Final Remand.7 Consequently, Commerce reinstated the excluded companies in the Order prospectively, effective August 28, 2021, and imposed a 14.19 percent ad valorem cash deposit requirement based on the all-others rate from the investigation.8 The Canadian parties appealed the CIT’s decision.9 On April 25, 2023, the U.S. Court of Appeals for the Federal Circuit (Federal Circuit) reversed the CIT’s August 18, 2021 decision and held that Commerce has the statutory authority to adopt the CVD expedited review process, and remanded for further proceedings necessitated by its holding that such statutory authority exists.10 On October 6, 2023, D&G, Lemay, MLI, and NAFP filed a motion with the CIT requesting reinstatement of their exclusion from the Order during the pendency of this litigation.11 On November 20, 2023, the CIT granted the motion, finding that there was an equitable basis for reversing the actions of its August 18, 2021 decision, and ordered the reinstatement of exclusion from the Order, effective August 28, 2021, for D&G, Lemay, MLI, and NAFP.12 The CIT also ordered Commerce to instruct CBP to discontinue the suspension of liquidation and the collection of cash deposits of estimated countervailing duties on all shipments of softwood lumber produced and exported by D&G, Lemay, MLI, and NAFP, entered or withdrawn from warehouse, for consumption on or after August 28, 2021, and to instruct CBP to liquidate, without regard to countervailing duties, all suspended entries of shipments of softwood lumber produced and Lumber International Trade Investigations or Negotiations, et al. v. United States, et al., Court No. 19–00122, Slip Op. 20–167 (CIT 2020), dated February 17, 2021 (Final Remand), available at https://access.trade.gov/resources/remands/20167.pdf. 7 See Committee Overseeing Action for Lumber International Trade Investigations or Negotiations, et al. v. United States, et al., Court No. 19–00122, Slip Op. 21–104 (CIT 2021). 8 See Certain Softwood Lumber Products from Canada: Notice of Court Decision Not in Harmony with the Results of Countervailing Duty Expedited Review; Notice of Amended Final Results, 86 FR 48396 (August 30, 2021) (Amended Final Results of Expedited Review). 9 The Canadian parties are D&G, Lemay, MLI, NAFP, Fontaine Inc., Mobilier Rustique (Beauce) Inc., Government of Canada, Government of New Brunswick, and Government of Que´bec. 10 See Committee Overseeing Action for Lumber International Trade Investigations or Negotiations v. United States, 66 F.4th 968 (Fed. Cir. 2023). 11 See Committee Overseeing Action for Lumber International Trade Investigations or Negotiations v. United States, Consol. Ct. No. 19–00122 (Slip Op. 23–163) (CIT Nov. 20, 2023), citing motion filed by D&G, Lemay, MLI, and NAFP. 12 Id. PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 exported by D&G, Lemay, MLI, and NAFP.13 Reinstatement of Exclusion From the Order Because of the CIT’s order, Commerce is reinstating the exclusion from the Order of D&G, Lemay, MLI, and NAFP, effective August 28, 2021. Commerce’s practice with respect to the exclusion of companies from a CVD order is to exclude the subject merchandise both produced and exported by those companies.14 As a result, we will instruct CBP to discontinue the suspension of liquidation and the collection of cash deposits of estimated countervailing duties on all shipments of softwood lumber produced and exported by D&G, Lemay, MLI, and NAFP, entered, or withdrawn from warehouse, for consumption on or after August 28, 2021. In addition, we will instruct CBP to liquidate, without regard to countervailing duties, all suspended entries of shipments of softwood lumber produced and exported by D&G, Lemay, MLI, and NAFP, and to refund all cash deposits of estimated countervailing duties collected on all such shipments. Subject merchandise that D&G, Lemay, MLI, and NAFP export but do not produce, as well as merchandise D&G, Lemay, MLI, and NAFP produce but is exported by another company remain subject to the Order. Notification to Interested Parties This notice is issued and published in accordance with section 516A(c) of the Tariff Act of 1930, as amended. Dated: November 30, 2023. Abdelali Elouaradia, Deputy Assistant Secretary for Enforcement and Compliance. [FR Doc. 2023–26857 Filed 12–6–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–475–834] Certain Carbon and Alloy Steel Cut-ToLength Plate From Italy: Final Results of Antidumping Duty Administrative Review; 2021–2022 Enforcement and Compliance, International Trade Administration, Department of Commerce. AGENCY: 13 Id. 14 See, e.g., Certain Corrosion-Resistant Steel Products from India, Italy, Republic of Korea and the People’s Republic of China: Countervailing Duty Order, 81 FR 48387 (July 25, 2016). E:\FR\FM\07DEN1.SGM 07DEN1

Agencies

[Federal Register Volume 88, Number 234 (Thursday, December 7, 2023)]
[Notices]
[Pages 85225-85226]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26857]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-122-858]


Certain Softwood Lumber Products From Canada: Notice of 
Reinstatement of Exclusion From the Countervailing Duty Order

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

SUMMARY: On November 20, 2023, the U.S. Court of International Trade 
(CIT) issued an order in Committee Overseeing Action for Lumber 
International Trade Investigations or Negotiations v. United States, 
et. al., Consol. Ct. No. 19-00122 (Slip Op. 23-163), reinstating the 
exclusion of Les Produits Forestiers D&G Lt[eacute]e (D&G), Marcel 
Lauzon Inc. (MLI), North American Forest Products Ltd. (NAFP) (located 
in New Brunswick), and Scierie Alexandre Lemay & Fils Inc. (Lemay), and 
their cross-owned companies, from the countervailing duty (CVD) order 
on certain softwood lumber products (softwood lumber) from Canada. In 
accordance with the CIT's order, Commerce is issuing this notice 
excluding from the CVD order D&G, MLI, NAFP, and Lemay, and their 
cross-owned companies. Commerce will also direct U.S. Customs and 
Border Protection (CBP) to discontinue suspension of liquidation and 
the collection of cash deposits for all shipments of softwood lumber 
produced and exported by D&G, Lemay, MLI, and NAFP, entered, or 
withdrawn from warehouse, for consumption on or after August 28, 2021, 
to liquidate all suspended entries of shipments of softwood lumber 
produced and exported by D&G, Lemay, MLI, and NAFP without regard to 
countervailing duties; and to refund all cash deposits

[[Page 85226]]

of estimated countervailing duties collected on all such shipments.

DATES: Applicable August 28, 2021.

FOR FURTHER INFORMATION CONTACT: Kristen Johnson, 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.

SUPPLEMENTARY INFORMATION: 

Background

    On January 3, 2018, Commerce published the CVD order on softwood 
lumber from Canada.\1\ On July 5, 2019, Commerce published its Final 
Results of Expedited Review for the Order.\2\ In the Final Results of 
Expedited Review, Commerce found that five companies subject to the 
review had de minimis subsidy rates, and therefore, were excluded from 
the Order.\3\ The five companies are D&G, Lemay, MLI, NAFP, and Roland 
Boulanger & Cie Lt[eacute]e (Roland).\4\
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    \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 Certain Softwood Lumber Products from Canada: Final 
Results of Countervailing Duty Expedited Review, 84 FR 32121 (July 
5, 2019) (Final Results of Expedited Review), and accompanying 
Issues and Decision Memorandum.
    \3\ Id., 84 FR at 32122.
    \4\ Id. While Commerce calculated a de minimis rate for Roland 
and its cross-owned affiliates, those companies are not a party to 
the litigation nor to the Court's order ordering this notice.
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    The Committee Overseeing Action for Lumber International Trade 
Investigations or Negotiations appealed Commerce's Final Results of 
Expedited Review. On November 19, 2020, the CIT remanded the Final 
Results of Expedited Review to Commerce for reconsideration of the 
statutory basis upon which Commerce promulgated its CVD expedited 
review regulations at 19 CFR 351.214(k) to determine individual subsidy 
rates for companies not individually examined in an investigation.\5\
---------------------------------------------------------------------------

    \5\ See Committee Overseeing Action for Lumber International 
Trade Investigations or Negotiations, et al. v. United States, et 
al., Court No. 19-00122, Slip Op. 20-167 (CIT 2020).
---------------------------------------------------------------------------

    In its Final Remand, issued in February 2021, Commerce determined 
that section 103(a) of the Uruguay Round of Agreements Act, as well as 
the other legal authorities presented to the CIT, cannot be the basis 
for the promulgation of the CVD expedited review regulations under 19 
CFR 351.214(k) and, thus, Commerce lacks the statutory authority to 
conduct CVD expedited reviews.\6\ The CIT sustained Commerce's Final 
Remand.\7\ Consequently, Commerce reinstated the excluded companies in 
the Order prospectively, effective August 28, 2021, and imposed a 14.19 
percent ad valorem cash deposit requirement based on the all-others 
rate from the investigation.\8\ The Canadian parties appealed the CIT's 
decision.\9\
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    \6\ See Final Results of Redetermination Pursuant to Court 
Remand, Committee Overseeing Action for Lumber International Trade 
Investigations or Negotiations, et al. v. United States, et al., 
Court No. 19-00122, Slip Op. 20-167 (CIT 2020), dated February 17, 
2021 (Final Remand), available at https://access.trade.gov/resources/remands/20-167.pdf.
    \7\ See Committee Overseeing Action for Lumber International 
Trade Investigations or Negotiations, et al. v. United States, et 
al., Court No. 19-00122, Slip Op. 21-104 (CIT 2021).
    \8\ See Certain Softwood Lumber Products from Canada: Notice of 
Court Decision Not in Harmony with the Results of Countervailing 
Duty Expedited Review; Notice of Amended Final Results, 86 FR 48396 
(August 30, 2021) (Amended Final Results of Expedited Review).
    \9\ The Canadian parties are D&G, Lemay, MLI, NAFP, Fontaine 
Inc., Mobilier Rustique (Beauce) Inc., Government of Canada, 
Government of New Brunswick, and Government of Qu[eacute]bec.
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    On April 25, 2023, the U.S. Court of Appeals for the Federal 
Circuit (Federal Circuit) reversed the CIT's August 18, 2021 decision 
and held that Commerce has the statutory authority to adopt the CVD 
expedited review process, and remanded for further proceedings 
necessitated by its holding that such statutory authority exists.\10\
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    \10\ See Committee Overseeing Action for Lumber International 
Trade Investigations or Negotiations v. United States, 66 F.4th 968 
(Fed. Cir. 2023).
---------------------------------------------------------------------------

    On October 6, 2023, D&G, Lemay, MLI, and NAFP filed a motion with 
the CIT requesting reinstatement of their exclusion from the Order 
during the pendency of this litigation.\11\ On November 20, 2023, the 
CIT granted the motion, finding that there was an equitable basis for 
reversing the actions of its August 18, 2021 decision, and ordered the 
reinstatement of exclusion from the Order, effective August 28, 2021, 
for D&G, Lemay, MLI, and NAFP.\12\ The CIT also ordered Commerce to 
instruct CBP to discontinue the suspension of liquidation and the 
collection of cash deposits of estimated countervailing duties on all 
shipments of softwood lumber produced and exported by D&G, Lemay, MLI, 
and NAFP, entered or withdrawn from warehouse, for consumption on or 
after August 28, 2021, and to instruct CBP to liquidate, without regard 
to countervailing duties, all suspended entries of shipments of 
softwood lumber produced and exported by D&G, Lemay, MLI, and NAFP.\13\
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    \11\ See Committee Overseeing Action for Lumber International 
Trade Investigations or Negotiations v. United States, Consol. Ct. 
No. 19-00122 (Slip Op. 23-163) (CIT Nov. 20, 2023), citing motion 
filed by D&G, Lemay, MLI, and NAFP.
    \12\ Id.
    \13\ Id.
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Reinstatement of Exclusion From the Order

    Because of the CIT's order, Commerce is reinstating the exclusion 
from the Order of D&G, Lemay, MLI, and NAFP, effective August 28, 2021. 
Commerce's practice with respect to the exclusion of companies from a 
CVD order is to exclude the subject merchandise both produced and 
exported by those companies.\14\ As a result, we will instruct CBP to 
discontinue the suspension of liquidation and the collection of cash 
deposits of estimated countervailing duties on all shipments of 
softwood lumber produced and exported by D&G, Lemay, MLI, and NAFP, 
entered, or withdrawn from warehouse, for consumption on or after 
August 28, 2021. In addition, we will instruct CBP to liquidate, 
without regard to countervailing duties, all suspended entries of 
shipments of softwood lumber produced and exported by D&G, Lemay, MLI, 
and NAFP, and to refund all cash deposits of estimated countervailing 
duties collected on all such shipments. Subject merchandise that D&G, 
Lemay, MLI, and NAFP export but do not produce, as well as merchandise 
D&G, Lemay, MLI, and NAFP produce but is exported by another company 
remain subject to the Order.
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    \14\ See, e.g., Certain Corrosion-Resistant Steel Products from 
India, Italy, Republic of Korea and the People's Republic of China: 
Countervailing Duty Order, 81 FR 48387 (July 25, 2016).
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Notification to Interested Parties

    This notice is issued and published in accordance with section 
516A(c) of the Tariff Act of 1930, as amended.

    Dated: November 30, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-26857 Filed 12-6-23; 8:45 am]
BILLING CODE 3510-DS-P
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