82_FR_19298 82 FR 19219 - Antidumping and Countervailing Duty Investigations of Certain Softwood Lumber Products From Canada: Preliminary Determinations of Critical Circumstances

82 FR 19219 - Antidumping and Countervailing Duty Investigations of Certain Softwood Lumber Products From Canada: Preliminary Determinations of Critical Circumstances

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 79 (April 26, 2017)

Page Range19219-19221
FR Document2017-08469

On November 25, 2016, the Department of Commerce (the Department) received antidumping duty (AD) and countervailing duty (CVD) petitions concerning imports of certain softwood lumber products (softwood lumber) from Canada. In the petitions, the Department received timely allegations that critical circumstances exist with respect to imports of the merchandise under investigation. Based on information provided by the Committee Overseeing Action for Lumber International Trade Investigations (Petitioner), data placed on the record of these investigations by the mandatory and voluntary respondents, and data collected by the Department, the Department preliminarily determines that critical circumstances exist for imports of softwood lumber from certain producers and exporters from Canada.

Federal Register, Volume 82 Issue 79 (Wednesday, April 26, 2017)
[Federal Register Volume 82, Number 79 (Wednesday, April 26, 2017)]
[Notices]
[Pages 19219-19221]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-08469]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-122-857, C-122-858]


Antidumping and Countervailing Duty Investigations of Certain 
Softwood Lumber Products From Canada: Preliminary Determinations of 
Critical Circumstances

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

SUMMARY: On November 25, 2016, the Department of Commerce (the 
Department) received antidumping duty (AD) and countervailing duty 
(CVD) petitions concerning imports of certain softwood lumber products 
(softwood lumber) from Canada. In the petitions, the Department 
received timely allegations that critical circumstances exist with 
respect to imports of the merchandise under investigation. Based on 
information provided by the Committee Overseeing Action for Lumber 
International Trade Investigations (Petitioner), data placed on the 
record of these investigations by the mandatory and voluntary 
respondents, and data collected by the Department, the Department 
preliminarily determines that critical circumstances exist for imports 
of softwood lumber from certain producers and exporters from Canada.

DATES: Effective April 26, 2017.

FOR FURTHER INFORMATION CONTACT: Stephanie Moore (for CVD) or Thomas 
Martin (for AD), AD/CVD Operations, Enforcement and Compliance, 
International Trade Administration, U.S. Department of Commerce, 1401 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
3692 and (202) 482-3936, respectively.

SUPPLEMENTARY INFORMATION:

Background

    Section 703(e)(1) of the Tariff Act of 1930, as amended (the Act), 
provides that the Department will preliminarily determine that critical 
circumstances exist in CVD investigations if there is a reasonable 
basis to believe or suspect: (A) That ``the alleged countervailable 
subsidy'' is inconsistent with the Subsidies and Countervailing 
Measures (SCM) Agreement of the World Trade Organization; and (B) that 
there have been massive imports of the subject merchandise over a 
relatively short period. Section 733(e)(1) of the Act provides that the 
Department will preliminarily determine that critical circumstances 
exist in AD investigations if there is a reasonable basis to believe or 
suspect: (A)(i) That there is a history of dumping and material injury 
by reason of dumped imports in the United States or elsewhere of the 
subject merchandise, or (ii) that the person by whom, or for whose 
account, the merchandise was imported knew or should have known that 
the exporter was selling the subject merchandise at less than its fair 
value and that there was likely to be material injury by reason of such 
sales; and (B) that there have been massive imports of the subject 
merchandise over a relatively short period.
    Section 351.206 of the Department's regulations provides that, in 
general, imports must increase by at least 15 percent during the 
``relatively short period'' to be considered ``massive,'' \1\ and 
defines a ``relatively short period'' as normally being the period 
beginning

[[Page 19220]]

on the date the proceeding begins (i.e., the date the petition is 
filed) and ending at least three months later.\2\ The regulations also 
provide, however, that if the Department finds that importers, or 
exporters or producers, had reason to believe, at some time prior to 
the beginning of the proceeding, that a proceeding was likely, the 
Department may consider a period of not less than three months from 
that earlier time.\3\
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    \1\ See 19 CFR 351.206(h).
    \2\ See 19 CFR 351.206(i).
    \3\ Id.
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Alleged Countervailable Subsidy Is Inconsistent With the SCM Agreement

    To determine whether there exists a reasonable basis to believe or 
suspect that an alleged countervailable subsidy is inconsistent with 
the SCM Agreement, in accordance with section 703(e)(1)(A) of the Act, 
the Department considered the evidence on the record pertaining to 
Petitioner's allegation that the Export Development Canada: Export 
Guarantee Program is inconsistent with the SCM Agreement. Specifically, 
as described in our initiation checklist,\4\ with regard to this 
program, Petitioner has alleged the elements of a subsidy,\5\ supported 
with information reasonably available to Petitioner, that appears to be 
export contingent, which would render it inconsistent with the SCM 
Agreement. Therefore, the Department preliminarily determines that 
there is a reasonable basis to believe or suspect that an alleged 
subsidy in the CVD investigation is inconsistent with the SCM 
agreement.
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    \4\ See CVD Initiation Checklist, dated December 15, 2016 at 37.
    \5\ See Petitions for the Imposition of Antidumping Duties and 
Countervailing Duties on Imports of Certain Softwood Lumber Products 
from Canada, dated November 25, 2016 (Petitions) at Volume III, pp. 
231-236.
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History of Dumping and Material Injury

    In order to determine whether there is a history of dumping 
pursuant to section 733(e)(1)(A)(i) of the Act, the Department 
generally considers current or previous AD orders on subject 
merchandise from the country in question in the United States and 
current orders imposed by other countries with regard to imports of the 
same merchandise. The Department, therefore, considers that it has 
previously issued an AD order on softwood lumber from Canada, based on 
nearly identical harmonized tariff schedule numbers.\6\ Furthermore, 
and with respect to determining whether there is a history of material 
injury, the Department determines that it is appropriate to rely on the 
International Trade Commission's (ITC) section 129 affirmative threat 
of material injury determination, and finds a history of material 
injury based on this determination.\7\ Therefore, we preliminarily find 
that there is a history of dumping and material injury by reason of 
dumped imports of the subject merchandise.
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    \6\ See Amendment to Antidumping and Countervailing Duty Orders 
on Certain Softwood Lumber Products from Canada, 69 FR 75916 
(December 20, 2004) (Amended Orders).
    \7\ On May 16, 2002, the ITC determined that an industry in the 
United States was threatened with material injury by reason of 
imports from Canada of softwood lumber found to be subsidized and 
sold in the United States at less than fair value, leading the 
Department to publish antidumping and countervailing duty orders on 
softwood lumber from Canada. Subsequently, the Government of Canada 
initiated a dispute settlement proceeding against the United States 
at the World Trade Organization, resulting in findings, inter alia, 
that the ITC did not act in conformity with the United States' 
obligations under the Agreement on Implementation of Article VI of 
the General Agreement on Tariffs and Trade 1994 and the Agreement on 
Subsidies and Countervailing Measures. Accordingly, pursuant to 
section 129 of the Uruguay Round Agreements Act (19 U.S.C. 3538), 
the ITC took action that would render its original determination not 
inconsistent with the findings of the dispute settlement panel. The 
ITC again determined that an industry in the United States was 
threatened with material injury by reason of imports from Canada of 
softwood lumber found to be subsidized and sold in the United States 
at less than fair value. See U.S. International Trade Commission, 
Softwood Lumber from Canada; Investigation Nos. 701-TA-414 and 731-
TA-928 (Section 129 Consistency Determination), Pub. 3740 (Nov. 
2004); see also Amended Orders.
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Massive Imports

    In determining whether there are ``massive imports'' over a 
``relatively short period,'' pursuant to sections 703(e)(1)(B) and 
733(e)(1)(B) of the Act, the Department normally compares the import 
volumes of the subject merchandise for at least three months 
immediately preceding the filing of the petition (i.e., the ``base 
period'') to a comparable period of at least three months following the 
filing of the petition (i.e., the ``comparison period''). Imports 
normally will be considered massive when imports during the comparison 
period have increased by 15 percent or more compared to imports during 
the base period.
    Based on evidence provided by Petitioner, the Department finds 
that, pursuant to 19 CFR 351.206(i), importers, exporters or producers 
had reason to believe, at some time prior to the filing of the 
petition, that a proceeding was likely. Specifically, the Softwood 
Lumber Agreement (SLA) between the United States and Canada expired on 
October 12, 2015, and expressly provided for a ``standstill'' period of 
12 months after the expiration of the agreement, during which the U.S. 
domestic industry agreed to not file AD/CVD petitions.\8\ Because of 
the unique circumstance of the expiration of the SLA in October 2015, 
importers and Canadian producers/exporters were aware that potential 
AD/CVD petitions could be filed as early as October 12, 2016. Thus, the 
Department finds that, pursuant to 19 CFR 351.206(i), importers, 
exporters or producers had reason to believe that proceedings were 
likely following expiration of the SLA on October 12, 2015.
---------------------------------------------------------------------------

    \8\ See Petitions at Volume I, pp. 70-73.
---------------------------------------------------------------------------

    In order to determine whether there has been a massive surge in 
imports for each mandatory respondent (Canfor Corporation (Canfor), 
Resolute FP Canada Inc. (Resolute), Tolko Marketing Sales Ltd. (Tolko), 
West Fraser Mills Ltd. (West Fraser)) and J.D. Irving (the voluntary 
respondent in the CVD investigation), the Department compared the total 
volume of shipments from October 2015 through June 2016 (i.e., the 
comparison period) with the preceding nine-month period of January 2015 
through September 2015 (i.e., the base period).\9\ For ``all others,'' 
the Department compared Global Trade Atlas (GTA) data for the period 
October 2015 through June 2016 with the preceding nine-month period of 
January 2015 through September 2015.\10\ The Department first 
subtracted the shipments reported by the mandatory respondents and J.D. 
Irving from the GTA data. Based on these comparisons, we preliminarily 
determine that J.D. Irving and ``all others'' had massive surges in 
imports.\11\ The shipment data do not demonstrate massive surges in 
imports for Canfor, Resolute, Tolko, and West Fraser.
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    \9\ Because we only have data from the respondents dating back 
to January 2015, we intend to solicit shipment data for an equal 
number of months prior to January 2015 as the base period to compare 
to the most recent shipment data available through the months of the 
preliminary determinations.
    \10\ The GTA data includes the following harmonized tariff 
schedule numbers: 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 4418.90.25.00.
    \11\ See the AD and CVD Preliminary Critical Circumstances 
Memoranda, dated concurrently with this notice.

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[[Page 19221]]

Conclusion

    Based on the criteria and findings discussed above, we 
preliminarily determine that critical circumstances exist with respect 
to imports of softwood lumber shipped by J.D. Irving and ``all 
others.'' We preliminarily determine that critical circumstances do not 
exist with respect to Canfor, Resolute, Tolko, and West Fraser.

Final Critical Circumstances Determinations

    We will issue final determinations concerning critical 
circumstances when we issue our final subsidy and less-than-fair-value 
determinations. All interested parties will have the opportunity to 
address the Department's determinations with regard to critical 
circumstances in case briefs to be submitted after completion of the 
preliminary subsidy and less than fair value determinations.

International Trade Commission Notification

    In accordance with sections 703(f) and 733(f) of the Act, we will 
notify the ITC of our determinations.

Suspension of Liquidation

    In accordance with section 703(e)(2) of the Act, because we have 
preliminarily found that critical circumstances exist with regard to 
imports exported by certain producers and exporters, if we make an 
affirmative preliminary determination that countervailable subsidies 
have been provided to these same producers/exporters at above de 
minimis rates,\12\ we will instruct U.S. Customs and Border Protection 
(CBP) to suspend liquidation of all entries of subject merchandise from 
these producers/exporters that are entered, or withdrawn from 
warehouse, for consumption on or after the date that is 90 days prior 
to the effective date of ``provisional measures'' (e.g., the date of 
publication in the Federal Register of the notice of an affirmative 
preliminary determination that countervailable subsidies have been 
provided at above de minimis rates). At such time, we will also 
instruct CBP to require a cash deposit equal to the estimated 
preliminary subsidy rates reflected in the preliminary determination 
published in the Federal Register. This suspension of liquidation will 
remain in effect until further notice.
---------------------------------------------------------------------------

    \12\ The preliminary subsidy determination is currently 
scheduled for April 24, 2017.
---------------------------------------------------------------------------

    In accordance with section 733(e)(2) of the Act, because we have 
preliminarily found that critical circumstances exist with regard to 
imports exported by certain producers and exporters, if we make an 
affirmative preliminary determination that sales at less than fair 
value have been made by these same producers/exporters at above de 
minimis rates, we will instruct CBP to suspend liquidation of all 
entries of subject merchandise from these producers/exporters that are 
entered, or withdrawn from warehouse, for consumption on or after the 
date that is 90 days prior to the effective date of ``provisional 
measures'' (e.g., the date of publication in the Federal Register of 
the notice of an affirmative preliminary determination of sales at less 
than fair value at above de minimis rates). At such time, we will also 
instruct CBP to require a cash deposit equal to the estimated 
preliminary dumping margins reflected in the preliminary determination 
published in the Federal Register. This suspension of liquidation will 
remain in effect until further notice.
    This notice is issued and published pursuant to section 777(i) of 
the Act and 19 CFR 351.206(C)(2).

    Dated: April 13, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2017-08469 Filed 4-25-17; 8:45 am]
BILLING CODE 3510-DS-P



                                                                               Federal Register / Vol. 82, No. 79 / Wednesday, April 26, 2017 / Notices                                           19219

                                                  instruct CBP to collect the appropriate                 Notification to Importers                             merchandise under investigation. Based
                                                  duties at the time of liquidation.8 Where                 This notice also serves as a final                  on information provided by the
                                                  an importer- (or customer-) specific ad                 reminder to importers of their                        Committee Overseeing Action for
                                                  valorem or per-unit rate is zero or de                  responsibility under 19 CFR 351.402(f)                Lumber International Trade
                                                  minimis, the Department will instruct                   to file a certificate regarding the                   Investigations (Petitioner), data placed
                                                  CBP to liquidate appropriate entries                    reimbursement of antidumping duties                   on the record of these investigations by
                                                  without regard to antidumping duties.9                  prior to liquidation of the relevant                  the mandatory and voluntary
                                                  We intend to instruct CBP to liquidate                  entries during this POR. Failure to                   respondents, and data collected by the
                                                  entries containing subject merchandise                  comply with this requirement could                    Department, the Department
                                                  exported by the PRC-wide entity at the                  result in the Department’s presumption                preliminarily determines that critical
                                                  PRC-wide rate.                                          that reimbursement of antidumping                     circumstances exist for imports of
                                                    Pursuant to the Department’s                          duties occurred and the subsequent                    softwood lumber from certain producers
                                                  assessment practice, for entries that                   assessment of doubled antidumping                     and exporters from Canada.
                                                  were not reported in the U.S. sales                     duties.                                               DATES: Effective April 26, 2017.
                                                  databases submitted by companies                                                                              FOR FURTHER INFORMATION CONTACT:
                                                                                                          Administrative Protective Orders
                                                  individually examined during this                                                                             Stephanie Moore (for CVD) or Thomas
                                                  review, the Department will instruct                      This notice also serves as a reminder               Martin (for AD), AD/CVD Operations,
                                                  CBP to liquidate such entries at the                    to parties subject to administrative                  Enforcement and Compliance,
                                                  PRC-wide entity rate. Additionally, if                  protective order (APO) of their                       International Trade Administration,
                                                  the Department determines that an                       responsibility concerning the return or               U.S. Department of Commerce, 1401
                                                  exporter had no shipments of the                        destruction of proprietary information                Constitution Avenue NW., Washington,
                                                  subject merchandise, any suspended                      disclosed under APO in accordance                     DC 20230; telephone: (202) 482–3692
                                                  entries that entered under that                         with 19 CFR 351.305(a)(3), which                      and (202) 482–3936, respectively.
                                                  exporter’s case number (i.e., at that                   continues to govern business                          SUPPLEMENTARY INFORMATION:
                                                  exporter’s rate) will be liquidated at the              proprietary information in this segment
                                                  PRC-wide entity rate.10                                 of the proceeding. Timely written                     Background
                                                                                                          notification of the return or destruction                Section 703(e)(1) of the Tariff Act of
                                                  Cash Deposit Requirements                               of APO materials, or conversion to                    1930, as amended (the Act), provides
                                                                                                          judicial protective order, is hereby                  that the Department will preliminarily
                                                     The following cash deposit                           requested. Failure to comply with the
                                                  requirements will be effective                                                                                determine that critical circumstances
                                                                                                          regulations and terms of an APO is a                  exist in CVD investigations if there is a
                                                  retroactively on any entries made on or                 violation which is subject to sanction.
                                                  after March 20, 2017, the date of                                                                             reasonable basis to believe or suspect:
                                                                                                            These amended final results and                     (A) That ‘‘the alleged countervailable
                                                  publication of the Final Results, for all               notice are issued and published in
                                                  shipments of the subject merchandise                                                                          subsidy’’ is inconsistent with the
                                                                                                          accordance with sections 751(h) and                   Subsidies and Countervailing Measures
                                                  entered, or withdrawn from warehouse,                   777(i) of the Act and 19 CFR 351.224(e).
                                                  for consumption on or after the                                                                               (SCM) Agreement of the World Trade
                                                  publication date, as provided for by                      Dated: April 19, 2017.                              Organization; and (B) that there have
                                                  section 751(a)(2)(C) of the Act: (1) For                Ronald Lorentzen,                                     been massive imports of the subject
                                                  the exporters listed above, the cash                    Acting Assistant Secretary for Enforcement            merchandise over a relatively short
                                                  deposit rate will be the rate established               and Compliance.                                       period. Section 733(e)(1) of the Act
                                                  in the ‘‘Amended Final Results’’ section                [FR Doc. 2017–08421 Filed 4–25–17; 8:45 am]           provides that the Department will
                                                  (except, if the rate is zero or de minimis,             BILLING CODE 3510–DS–P
                                                                                                                                                                preliminarily determine that critical
                                                  a zero cash deposit rate will be required                                                                     circumstances exist in AD investigations
                                                  for that company); (2) for previously                                                                         if there is a reasonable basis to believe
                                                  investigated or reviewed PRC and non-                   DEPARTMENT OF COMMERCE                                or suspect: (A)(i) That there is a history
                                                  PRC exporters not listed above that have                                                                      of dumping and material injury by
                                                  separate rates, the cash deposit rate will              International Trade Administration                    reason of dumped imports in the United
                                                  continue to be the exporter-specific rate               [A–122–857, C–122–858]
                                                                                                                                                                States or elsewhere of the subject
                                                  published for the most recent period. (3)                                                                     merchandise, or (ii) that the person by
                                                  for all PRC exporters of subject                        Antidumping and Countervailing Duty                   whom, or for whose account, the
                                                  merchandise which have not been                         Investigations of Certain Softwood                    merchandise was imported knew or
                                                  found to be entitled to a separate rate,                Lumber Products From Canada:                          should have known that the exporter
                                                  the cash deposit rate will be the PRC-                  Preliminary Determinations of Critical                was selling the subject merchandise at
                                                  Wide rate of 118.04 percent; and (4) for                Circumstances                                         less than its fair value and that there
                                                  all non-PRC exporters of subject                                                                              was likely to be material injury by
                                                                                                          AGENCY:  Enforcement and Compliance,                  reason of such sales; and (B) that there
                                                  merchandise which have not received                     International Trade Administration,
                                                  their own rate, the cash deposit rate will                                                                    have been massive imports of the
                                                                                                          Department of Commerce.                               subject merchandise over a relatively
                                                  be the rate applicable to the PRC
                                                                                                          SUMMARY: On November 25, 2016, the                    short period.
                                                  exporters that supplied that non-PRC
                                                                                                          Department of Commerce (the                              Section 351.206 of the Department’s
                                                  exporter. The deposit requirements,
                                                                                                          Department) received antidumping duty                 regulations provides that, in general,
mstockstill on DSK30JT082PROD with NOTICES




                                                  when imposed, shall remain in effect
                                                                                                          (AD) and countervailing duty (CVD)                    imports must increase by at least 15
                                                  until further notice.
                                                                                                          petitions concerning imports of certain               percent during the ‘‘relatively short
                                                    8 Id.
                                                                                                          softwood lumber products (softwood                    period’’ to be considered ‘‘massive,’’ 1
                                                    9 See
                                                                                                          lumber) from Canada. In the petitions,                and defines a ‘‘relatively short period’’
                                                         19 CFR 351.106(c)(2).
                                                    10 SeeNon-Market Economy Antidumping
                                                                                                          the Department received timely                        as normally being the period beginning
                                                  Proceedings: Assessment of Antidumping Duties, 76       allegations that critical circumstances
                                                  FR 65694 (October 24, 2011).                            exist with respect to imports of the                    1 See   19 CFR 351.206(h).



                                             VerDate Sep<11>2014   18:43 Apr 25, 2017   Jkt 241001   PO 00000   Frm 00023   Fmt 4703   Sfmt 4703   E:\FR\FM\26APN1.SGM    26APN1


                                                  19220                          Federal Register / Vol. 82, No. 79 / Wednesday, April 26, 2017 / Notices

                                                  on the date the proceeding begins (i.e.,                  Department determines that it is                         CVD petitions.8 Because of the unique
                                                  the date the petition is filed) and ending                appropriate to rely on the International                 circumstance of the expiration of the
                                                  at least three months later.2 The                         Trade Commission’s (ITC) section 129                     SLA in October 2015, importers and
                                                  regulations also provide, however, that                   affirmative threat of material injury                    Canadian producers/exporters were
                                                  if the Department finds that importers,                   determination, and finds a history of                    aware that potential AD/CVD petitions
                                                  or exporters or producers, had reason to                  material injury based on this                            could be filed as early as October 12,
                                                  believe, at some time prior to the                        determination.7 Therefore, we                            2016. Thus, the Department finds that,
                                                  beginning of the proceeding, that a                       preliminarily find that there is a history               pursuant to 19 CFR 351.206(i),
                                                  proceeding was likely, the Department                     of dumping and material injury by                        importers, exporters or producers had
                                                  may consider a period of not less than                    reason of dumped imports of the subject
                                                                                                                                                                     reason to believe that proceedings were
                                                  three months from that earlier time.3                     merchandise.
                                                                                                                                                                     likely following expiration of the SLA
                                                  Alleged Countervailable Subsidy Is                        Massive Imports                                          on October 12, 2015.
                                                  Inconsistent With the SCM Agreement                         In determining whether there are                          In order to determine whether there
                                                     To determine whether there exists a                    ‘‘massive imports’’ over a ‘‘relatively                  has been a massive surge in imports for
                                                  reasonable basis to believe or suspect                    short period,’’ pursuant to sections                     each mandatory respondent (Canfor
                                                  that an alleged countervailable subsidy                   703(e)(1)(B) and 733(e)(1)(B) of the Act,                Corporation (Canfor), Resolute FP
                                                  is inconsistent with the SCM                              the Department normally compares the                     Canada Inc. (Resolute), Tolko Marketing
                                                  Agreement, in accordance with section                     import volumes of the subject                            Sales Ltd. (Tolko), West Fraser Mills
                                                  703(e)(1)(A) of the Act, the Department                   merchandise for at least three months                    Ltd. (West Fraser)) and J.D. Irving (the
                                                  considered the evidence on the record                     immediately preceding the filing of the                  voluntary respondent in the CVD
                                                  pertaining to Petitioner’s allegation that                petition (i.e., the ‘‘base period’’) to a
                                                                                                                                                                     investigation), the Department
                                                  the Export Development Canada: Export                     comparable period of at least three
                                                                                                                                                                     compared the total volume of shipments
                                                  Guarantee Program is inconsistent with                    months following the filing of the
                                                  the SCM Agreement. Specifically, as                       petition (i.e., the ‘‘comparison period’’).              from October 2015 through June 2016
                                                  described in our initiation checklist,4                   Imports normally will be considered                      (i.e., the comparison period) with the
                                                  with regard to this program, Petitioner                   massive when imports during the                          preceding nine-month period of January
                                                  has alleged the elements of a subsidy,5                   comparison period have increased by 15                   2015 through September 2015 (i.e., the
                                                  supported with information reasonably                     percent or more compared to imports                      base period).9 For ‘‘all others,’’ the
                                                  available to Petitioner, that appears to                  during the base period.                                  Department compared Global Trade
                                                  be export contingent, which would                           Based on evidence provided by                          Atlas (GTA) data for the period October
                                                  render it inconsistent with the SCM                       Petitioner, the Department finds that,                   2015 through June 2016 with the
                                                  Agreement. Therefore, the Department                      pursuant to 19 CFR 351.206(i),                           preceding nine-month period of January
                                                  preliminarily determines that there is a                  importers, exporters or producers had                    2015 through September 2015.10 The
                                                  reasonable basis to believe or suspect                    reason to believe, at some time prior to                 Department first subtracted the
                                                  that an alleged subsidy in the CVD                        the filing of the petition, that a                       shipments reported by the mandatory
                                                  investigation is inconsistent with the                    proceeding was likely. Specifically, the                 respondents and J.D. Irving from the
                                                  SCM agreement.                                            Softwood Lumber Agreement (SLA)                          GTA data. Based on these comparisons,
                                                                                                            between the United States and Canada                     we preliminarily determine that J.D.
                                                  History of Dumping and Material Injury                    expired on October 12, 2015, and                         Irving and ‘‘all others’’ had massive
                                                    In order to determine whether there is                  expressly provided for a ‘‘standstill’’
                                                  a history of dumping pursuant to                                                                                   surges in imports.11 The shipment data
                                                                                                            period of 12 months after the expiration
                                                  section 733(e)(1)(A)(i) of the Act, the                                                                            do not demonstrate massive surges in
                                                                                                            of the agreement, during which the U.S.
                                                  Department generally considers current                    domestic industry agreed to not file AD/                 imports for Canfor, Resolute, Tolko, and
                                                  or previous AD orders on subject                                                                                   West Fraser.
                                                  merchandise from the country in                              7 On May 16, 2002, the ITC determined that an
                                                                                                                                                                       8 See Petitions at Volume I, pp. 70–73.
                                                  question in the United States and                         industry in the United States was threatened with
                                                                                                            material injury by reason of imports from Canada           9 Because  we only have data from the respondents
                                                  current orders imposed by other                           of softwood lumber found to be subsidized and sold       dating back to January 2015, we intend to solicit
                                                  countries with regard to imports of the                   in the United States at less than fair value, leading    shipment data for an equal number of months prior
                                                  same merchandise. The Department,                         the Department to publish antidumping and                to January 2015 as the base period to compare to
                                                  therefore, considers that it has                          countervailing duty orders on softwood lumber            the most recent shipment data available through the
                                                                                                            from Canada. Subsequently, the Government of             months of the preliminary determinations.
                                                  previously issued an AD order on                          Canada initiated a dispute settlement proceeding           10 The GTA data includes the following
                                                  softwood lumber from Canada, based on                     against the United States at the World Trade             harmonized tariff schedule numbers: 4407.10.01.01;
                                                  nearly identical harmonized tariff                        Organization, resulting in findings, inter alia, that    4407.10.01.02; 4407.10.01.15; 4407.10.01.16;
                                                  schedule numbers.6 Furthermore, and                       the ITC did not act in conformity with the United
                                                                                                                                                                     4407.10.01.17; 4407.10.01.18; 4407.10.01.19;
                                                                                                            States’ obligations under the Agreement on
                                                  with respect to determining whether                       Implementation of Article VI of the General
                                                                                                                                                                     4407.10.01.20; 4407.10.01.42; 4407.10.01.43;
                                                  there is a history of material injury, the                                                                         4407.10.01.44; 4407.10.01.45; 4407.10.01.46;
                                                                                                            Agreement on Tariffs and Trade 1994 and the
                                                                                                                                                                     4407.10.01.47; 4407.10.01.48; 4407.10.01.49;
                                                                                                            Agreement on Subsidies and Countervailing
                                                                                                                                                                     4407.10.01.52; 4407.10.01.53; 4407.10.01.54;
                                                    2 See   19 CFR 351.206(i).                              Measures. Accordingly, pursuant to section 129 of
                                                                                                            the Uruguay Round Agreements Act (19 U.S.C.              4407.10.01.55; 4407.10.01.56; 4407.10.01.57;
                                                    3 Id.
                                                                                                            3538), the ITC took action that would render its         4407.10.01.58; 4407.10.01.59; 4407.10.01.64;
                                                    4 See CVD Initiation Checklist, dated December                                                                   4407.10.01.65; 4407.10.01.66; 4407.10.01.67;
                                                                                                            original determination not inconsistent with the
                                                  15, 2016 at 37.                                           findings of the dispute settlement panel. The ITC        4407.10.01.68; 4407.10.01.69; 4407.10.01.74;
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                                                    5 See Petitions for the Imposition of Antidumping
                                                                                                            again determined that an industry in the United          4407.10.01.75; 4407.10.01.76; 4407.10.01.77;
                                                  Duties and Countervailing Duties on Imports of            States was threatened with material injury by            4407.10.01.82; 4407.10.01.83; 4407.10.01.92;
                                                  Certain Softwood Lumber Products from Canada,             reason of imports from Canada of softwood lumber         4407.10.01.93; 4409.10.05.00; 4409.10.10.20;
                                                  dated November 25, 2016 (Petitions) at Volume III,        found to be subsidized and sold in the United            4409.10.10.40; 4409.10.10.60; 4409.10.10.80;
                                                  pp. 231–236.                                              States at less than fair value. See U.S. International   4409.10.20.00; 4409.10.90.20; 4409.10.90.40; and
                                                    6 See Amendment to Antidumping and                      Trade Commission, Softwood Lumber from Canada;           4418.90.25.00.
                                                  Countervailing Duty Orders on Certain Softwood            Investigation Nos. 701–TA–414 and 731–TA–928               11 See the AD and CVD Preliminary Critical

                                                  Lumber Products from Canada, 69 FR 75916                  (Section 129 Consistency Determination), Pub. 3740       Circumstances Memoranda, dated concurrently
                                                  (December 20, 2004) (Amended Orders).                     (Nov. 2004); see also Amended Orders.                    with this notice.



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                                                                               Federal Register / Vol. 82, No. 79 / Wednesday, April 26, 2017 / Notices                                           19221

                                                  Conclusion                                              imports exported by certain producers                 ADDRESSES:   Comments should be
                                                    Based on the criteria and findings                    and exporters, if we make an affirmative              addressed to Jolie Harrison, Chief,
                                                  discussed above, we preliminarily                       preliminary determination that sales at               Permits and Conservation Division,
                                                  determine that critical circumstances                   less than fair value have been made by                Office of Protected Resources, National
                                                  exist with respect to imports of                        these same producers/exporters at above               Marine Fisheries Service. Physical
                                                  softwood lumber shipped by J.D. Irving                  de minimis rates, we will instruct CBP                comments should be sent to 1315 East-
                                                  and ‘‘all others.’’ We preliminarily                    to suspend liquidation of all entries of              West Highway, Silver Spring, MD 20910
                                                  determine that critical circumstances do                subject merchandise from these                        and electronic comments should be sent
                                                  not exist with respect to Canfor,                       producers/exporters that are entered, or              to ITP.Carduner@noaa.gov.
                                                  Resolute, Tolko, and West Fraser.                       withdrawn from warehouse, for                            Instructions: NMFS is not responsible
                                                                                                          consumption on or after the date that is              for comments sent by any other method,
                                                  Final Critical Circumstances                            90 days prior to the effective date of                to any other address or individual, or
                                                  Determinations                                          ‘‘provisional measures’’ (e.g., the date of           received after the end of the comment
                                                    We will issue final determinations                    publication in the Federal Register of                period. Comments received
                                                  concerning critical circumstances when                  the notice of an affirmative preliminary              electronically, including all
                                                  we issue our final subsidy and less-                    determination of sales at less than fair              attachments, must not exceed a 25-
                                                  than-fair-value determinations. All                     value at above de minimis rates). At                  megabyte file size. Attachments to
                                                  interested parties will have the                        such time, we will also instruct CBP to               electronic comments will be accepted in
                                                  opportunity to address the Department’s                 require a cash deposit equal to the                   Microsoft Word or Excel or Adobe PDF
                                                  determinations with regard to critical                  estimated preliminary dumping margins                 file formats only. All comments
                                                  circumstances in case briefs to be                      reflected in the preliminary                          received are a part of the public record
                                                  submitted after completion of the                       determination published in the Federal                and will generally be posted online at
                                                  preliminary subsidy and less than fair                  Register. This suspension of liquidation              www.nmfs.noaa.gov/pr/permits/
                                                  value determinations.                                   will remain in effect until further notice.           incidental/construction.htm without
                                                  International Trade Commission                             This notice is issued and published                change. All personal identifying
                                                  Notification                                            pursuant to section 777(i) of the Act and             information (e.g., name, address)
                                                                                                          19 CFR 351.206(C)(2).                                 voluntarily submitted by the commenter
                                                    In accordance with sections 703(f)                                                                          may be publicly accessible. Do not
                                                  and 733(f) of the Act, we will notify the                 Dated: April 13, 2017.
                                                                                                                                                                submit confidential business
                                                  ITC of our determinations.                              Ronald K. Lorentzen,
                                                                                                                                                                information or otherwise sensitive or
                                                                                                          Acting Assistant Secretary for Enforcement
                                                  Suspension of Liquidation                                                                                     protected information.
                                                                                                          and Compliance.
                                                     In accordance with section 703(e)(2)                                                                       FOR FURTHER INFORMATION CONTACT:
                                                                                                          [FR Doc. 2017–08469 Filed 4–25–17; 8:45 am]
                                                  of the Act, because we have                                                                                   Jordan Carduner, Office of Protected
                                                                                                          BILLING CODE 3510–DS–P
                                                  preliminarily found that critical                                                                             Resources, NMFS, (301) 427–8401.
                                                  circumstances exist with regard to                                                                            Electronic copies of the application and
                                                  imports exported by certain producers                   DEPARTMENT OF COMMERCE                                supporting documents, as well as a list
                                                  and exporters, if we make an affirmative                                                                      of the references cited in this document,
                                                  preliminary determination that                          National Oceanic and Atmospheric                      may be obtained online at:
                                                  countervailable subsidies have been                     Administration                                        www.nmfs.noaa.gov/pr/permits/
                                                  provided to these same producers/                                                                             incidental/construction.htm. In case of
                                                  exporters at above de minimis rates,12                  RIN 0648–XF319                                        problems accessing these documents,
                                                  we will instruct U.S. Customs and                                                                             please call the contact listed above.
                                                  Border Protection (CBP) to suspend                      Takes of Marine Mammals Incidental to                 SUPPLEMENTARY INFORMATION:
                                                  liquidation of all entries of subject                   Specified Activities; Taking Marine
                                                                                                                                                                Background
                                                  merchandise from these producers/                       Mammals Incidental to Coast
                                                  exporters that are entered, or withdrawn                Boulevard Improvements Project, La                       Sections 101(a)(5)(A) and (D) of the
                                                  from warehouse, for consumption on or                   Jolla, California                                     MMPA (16 U.S.C. 1361 et seq.) direct
                                                  after the date that is 90 days prior to the                                                                   the Secretary of Commerce to allow,
                                                                                                          AGENCY:  National Marine Fisheries                    upon request, the incidental, but not
                                                  effective date of ‘‘provisional measures’’              Service (NMFS), National Oceanic and
                                                  (e.g., the date of publication in the                                                                         intentional, taking of small numbers of
                                                                                                          Atmospheric Administration (NOAA),                    marine mammals by U.S. citizens who
                                                  Federal Register of the notice of an                    Commerce.
                                                  affirmative preliminary determination                                                                         engage in a specified activity (other than
                                                  that countervailable subsidies have been                ACTION: Proposed incidental harassment                commercial fishing) within a specified
                                                  provided at above de minimis rates). At                 authorization (IHA); request for                      geographical region if certain findings
                                                  such time, we will also instruct CBP to                 comments.                                             are made and either regulations are
                                                  require a cash deposit equal to the                                                                           issued or, if the taking is limited to
                                                                                                          SUMMARY:   NMFS has received a request                harassment, a notice of a proposed
                                                  estimated preliminary subsidy rates                     from the City of San Diego for
                                                  reflected in the preliminary                                                                                  authorization is provided to the public
                                                                                                          authorization to take marine mammals                  for review.
                                                  determination published in the Federal                  incidental to Coast Boulevard
                                                  Register. This suspension of liquidation                                                                         An authorization for incidental
                                                                                                          improvements in La Jolla, California.                 takings shall be granted if NMFS finds
mstockstill on DSK30JT082PROD with NOTICES




                                                  will remain in effect until further notice.             Pursuant to the Marine Mammal
                                                     In accordance with section 733(e)(2)                                                                       that the taking will have a negligible
                                                                                                          Protection Act (MMPA), NMFS is                        impact on the species or stock(s), will
                                                  of the Act, because we have
                                                                                                          requesting comments on its proposal to                not have an unmitigable adverse impact
                                                  preliminarily found that critical
                                                                                                          issue an IHA to incidentally take marine              on the availability of the species or
                                                  circumstances exist with regard to
                                                                                                          mammals during the specified activities.              stock(s) for subsistence uses (where
                                                    12 The preliminary subsidy determination is           DATES: Comments and information must                  relevant), and if the permissible
                                                  currently scheduled for April 24, 2017.                 be received no later than May 26, 2017.               methods of taking and requirements


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Document Created: 2017-04-26 03:15:45
Document Modified: 2017-04-26 03:15:45
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
DatesEffective April 26, 2017.
ContactStephanie Moore (for CVD) or Thomas Martin (for AD), AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 3692 and (202) 482-3936, respectively.
FR Citation82 FR 19219 

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