82 FR 19657 - Certain Softwood Lumber Products From Canada: Preliminary Affirmative Countervailing Duty Determination, and Alignment of Final Determination With Final Antidumping Duty Determination
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 82, Issue 81 (April 28, 2017)
International Trade Administration
Federal Register Volume 82, Issue 81 (April 28, 2017)
| Page Range | 19657-19659 | |
| FR Document | 2017-08673 |
[Federal Register Volume 82, Number 81 (Friday, April 28, 2017)] [Notices] [Pages 19657-19659] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-08673] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [C-122-858] Certain Softwood Lumber Products From Canada: Preliminary Affirmative Countervailing Duty Determination, and Alignment of Final Determination With Final Antidumping Duty Determination AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) preliminarily determines that countervailable subsidies are being provided to producers and exporters of certain softwood lumber products (softwood lumber) from Canada. The period of investigation is January 1, 2015, through December 31, 2015. DATES: Effective April 28, 2017. FOR FURTHER INFORMATION CONTACT: Lana Nigro (Tolko), Toby Vandall (Canfor), Justin Neuman (JDIL), Patricia Tran (West Fraser), and Kristen Johnson (Resolute), AD/CVD Operations, Offices I and III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-1779, (202) 482-1664, (202) 482-0486, (202) 482-1503, and (202) 482-4793, respectively. SUPPLEMENTARY INFORMATION: Background This preliminary determination is made in accordance with section 703(b) of the Tariff Act of 1930, as amended (the Act). The Department published the notice of initiation of this investigation on December 22, 2017.\1\ On February 2, 2017, the Department postponed the preliminary determination of this investigation and the revised deadline is now April 24, 2017.\2\ --------------------------------------------------------------------------- \1\ See Certain Softwood Lumber Products from Canada: Initiation of Countervailing Duty Investigation, 81 FR 93897 (December 22, 2016) (Initiation Notice). \2\ See Certain Softwood Lumber Products from Canada: Postponement of Preliminary Determination in the Countervailing Duty Investigation, 82 FR 9055 (February 2, 2017). --------------------------------------------------------------------------- On April 13, 2017, the Department preliminarily determined that critical circumstances exist with respect to certain companies.\3\ For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum.\4\ A list of topics discussed in the Preliminary Decision Memorandum is included as Appendix II to this notice. The Preliminary 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 http://access.trade.gov, and is available to all parties in the Central Records Unit, room B8024 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed and electronic versions of the Preliminary Decision Memorandum are identical in content. --------------------------------------------------------------------------- \3\ See Antidumping and Countervailing Duty Investigations of Certain Softwood Lumber Products from Canada: Preliminary Determinations of Critical Circumstances, signed April 13, 2017 (Preliminary CC Determination). \4\ See Memorandum, ``Decision Memorandum for the Preliminary Determination in the Countervailing Duty Investigation of Certain Softwood Lumber Products from Canada,'' dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). --------------------------------------------------------------------------- Scope of the Investigation The product covered by this investigation is softwood lumber from Canada. For a complete description of the scope of this investigation, see Appendix I. Scope Comments In accordance with the preamble to the Department's regulations,\5\ the Initiation Notice set aside a period of time for parties to raise issues regarding product coverage, (i.e., scope).\6\ Certain interested parties commented on the scope of the investigation as it appeared in the Initiation Notice as well as on additional language proposed by the Department. On March 29, 2017, a letter presenting a proposal for company exclusions was filed on behalf of the Government of Canada (GOC), Canadian provincial and territorial governments, as well as the Canadian industry associations.\7\ The Department finds that it lacks the authority to conduct the requested company exclusion process in the context of this countervailing duty investigation (CVD) on softwood lumber from Canada.\8\ --------------------------------------------------------------------------- \5\ See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 (May 19, 1997). \6\ See Initiation Notice. \7\ See letter from the Government of Canada, ``Proposal for Company Exclusions,'' dated March 29, 2017; see also letter from the Government of New Brunswick, ``Softwood Lumber from Canada: Proposals for Product- or Company-Based Exclusions from the CVD Investigation,'' dated March 31, 2017; letter from Government of British Columbia, ``Certain Softwood Lumber Products from Canada: Comments in Support of Clarifying and Exclusionary Language Proposed by Canada Regarding the Scope of these Investigations,'' dated April 3, 2017. \8\ See Memorandum from Gary Taverman, Associate Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance, dated April 24, 2017. --------------------------------------------------------------------------- With respect to other proposed scope exclusions, including the request to exclude merchandise from certain provinces, the Department is inviting comments on those proposed exclusions and will incorporate the decisions into the final CVD and AD determinations after considering any relevant comments submitted in case and rebuttal briefs. Comments on any proposed scope exclusions are due no later than seven days of publication of this notice in the Federal Register. Please note that the Department will not accept any new factual information in these submissions. The Department intends to set the same deadline on the record of the companion AD investigation. For further information regarding proposed scope excusions, see the Preliminary Decision Memorandum accompanying this notice. Methodology The Department is conducting this investigation in accordance with section 701 of the Act. For each of the subsidy programs found countervailable, the Department preliminarily determines that there is a subsidy, i.e., a financial contribution by an ``authority'' that gives rise to a benefit to the recipient, and that the subsidy is specific.\9\ --------------------------------------------------------------------------- \9\ See sections 771(5)(B) and (D) of the Act regarding financial contribution; section 771(5)(E) of the Act regarding benefit; and section 771(5A) of the Act regarding specificity. --------------------------------------------------------------------------- Alignment As noted in the Preliminary Decision Memorandum, in accordance with section 705(a)(1) of the Act and 19 CFR 351.210(b)(4), the Department is aligning the final CVD determination in this investigation with the final determination in the companion AD [[Page 19658]] investigation of softwood lumber from Canada based on a request made by the petitioner.\10\ Consequently, the final CVD determination will be issued on the same date as the final AD determination, which is currently scheduled to be issued no later than September 6, 2017, unless postponed. --------------------------------------------------------------------------- \10\ See Letter from the petitioner, ``Certain Softwood Lumber Products from Canada: Request for Alignment of the Countervailing Duty Final Determination with the Companion Antidumping Duty Final Determination'' dated April 13, 2017. --------------------------------------------------------------------------- All-Others Rate Sections 703(d) and 705(c)(5)(A) of the Act provide that in the preliminary determination, the Department shall determine an estimated all-others rate for companies not individually examined. This rate shall be an amount equal to the weighted average of the estimated subsidy rates established for those companies individually examined, excluding any zero and de minimis rates and any rates based entirely under section 776 of the Act. In this investigation, the Department calculated individually estimated countervailable subsidy rates for Canfor Corporation (Canfor), J.D. Irving, Limited (JDIL),\11\ Resolute FP Canada Inc. (Resolute), Tolko Marketing and Sales Ltd. (Tolko), and West Fraser Timber Co. Ltd. (West Fraser), that are not zero, de minimis, or based entirely on facts otherwise available. The Department calculated the all-others rate using a weighted-average of the individually estimated subsidy rates calculated for the examined respondents using each company's business proprietary data for the merchandise under consideration.\12\ --------------------------------------------------------------------------- \11\ See MacLean-Fogg Co. v. United States, 753 F.3d 1237 (Fed. Cir. 2014) (holding that voluntary respondents are considered ``individually investigated'' for purposes of calculating the all- others rate). The Department accepted JDIL as a voluntary respondent in this investigation. \12\ See Memorandum to the File, ``Calculation of the ``All- Others'' Rate in the Preliminary Determination of the Countervailing Duty Investigation of Softwood Lumber Products from Canada'' (April 24, 2017). --------------------------------------------------------------------------- Preliminary Determination The Department preliminarily determines that the following estimated countervailable subsidy rates exist: ------------------------------------------------------------------------ Subsidy rate Company (%) ------------------------------------------------------------------------ Canfor Corporation and its cross-owned affiliates \13\.. 20.26 J.D. Irving, Limited and its cross-owned affiliates \14\ 3.02 Resolute FP Canada Inc. and its cross-owned affiliates 12.82 \15\................................................... Tolko Marketing and Sales Ltd. and its cross-owned 19.50 affiliates \16\........................................ West Fraser Mills Ltd. and its cross-owned affiliates 24.12 \17\................................................... All-Others:............................................. 19.88 ------------------------------------------------------------------------ Suspension of Liquidation In accordance with section 703(d)(1)(B) and (d)(2) of the Act, the Department will direct U.S. Customs and Border Protection (CBP) to suspend liquidation of entries of subject merchandise as described in the scope of the investigation section entered, or withdrawn from warehouse, for consumption on or after the date of publication of this notice in the Federal Register. Further, pursuant to 19 CFR 351.205(d), the Department will instruct CBP to require a cash deposit equal to the rates indicated above. --------------------------------------------------------------------------- \13\ The Department preliminarily has found the following companies to be cross-owned with Canfor Corporation: Canadian Forest Products, Ltd., and Canfor Wood Products Marketing, Ltd. \14\ The Department preliminarily has found the following companies to be cross-owned with JDIL: Miramichi Timber Holdings Limited, The New Brunswick Railway Company, Rothesay Paper Holdings Ltd., St. George Pulp & Paper Limited, and Irving Paper Limted. \15\ The Department preliminarily has found the following companies to be cross-owned with Resolute: Resolute Growth Canada Inc., Resolute Sales Inc., Abitibi-Bowater Canada Inc., Bowater Canadian Ltd., Resolute Forest Products Inc., Produits Forestiers Maurice S.E.C., and 9192-8515 Quebec Inc. \16\ The Department preliminarily has found the following companies to be cross-owned with Tolko: Tolko Industries Ltd., and Meadow Lake OSB Limited Partnership. \17\ The Department preliminarily has found the following companies to be cross-owned with West Fraser: West Fraser Timber Co. Ltd., West Fraser Alberta Holdings, Ltd., Blue Ridge Lumber Inc., Manning Forest Products, Ltd., Sunpine Inc., and Sundre Forest Products Inc. --------------------------------------------------------------------------- Section 703(e)(2) of the Act provides that, given an affirmative determination of critical circumstances, any suspension of liquidation shall apply to unliquidated entries of merchandise entered, or withdrawn from warehouse, for consumption on or after the later of (a) the date which is 90 days before the date on which the suspension of liquidation was first ordered, or (b) the date on which notice of initiation of the investigation was published. As discussed in Preliminary CC Determination, the Department preliminarily found that critical circumstances exist for imports of subject merchandise produced and/or exported by JDIL and the companies subject to the All- Others rate.\18\ Accordingly, in accordance with section 703(e)(2)(A) of the Act, the suspension of liquidation shall apply to unliquidated entries of merchandise from the exporters/producers identified in this paragraph that were entered, or withdrawn from warehouse, for consumption on or after the date which is 90 days before the publication of this notice. --------------------------------------------------------------------------- \18\ See Antidumping and Countervailing Duty Investigations of Certain Softwood Lumber Products from Canada: Preliminary Determinations of Critical Circumstances, signed April 12, 2017 (Preliminary CC Determination). --------------------------------------------------------------------------- Disclosure The Department intends to disclose its calculations and analysis performed to interested parties in this preliminary determination within five days of its public announcement or within five days of the date of this notice in accordance with 19 CFR 351.224(b). Verification As provided in section 782(i)(1) of the Act, the Department intends to verify the information relied upon in making its final determination. Public Comment Case briefs or other written comments may be submitted to the Assistant Secretary for Enforcement and Compliance no later than seven days after the date on which the last verification report is issued in this investigation. Rebuttal briefs, limited to issues raised in case briefs, may be submitted no later than five days after the deadline date for case briefs.\19\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal briefs in this investigation 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. --------------------------------------------------------------------------- \19\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general filing requirements). --------------------------------------------------------------------------- Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, limited to issues raised in the [[Page 19659]] case and rebuttal briefs, must submit a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce within 30 days after the date of publication of this notice. Requests should contain the party's name, address, and telephone number, the number of participants, whether any participant is a foreign national, and a list of the issues to be discussed. If a request for a hearing is made, the Department intends to hold the hearing at the U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230, at a time and date to be determined and interested parties will be notified by the Department, via letter. Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date. International Trade Commission Notification In accordance with section 703(f) of the Act, the Department will notify the International Trade Commission (ITC) of its determination. If the final determination is affirmative, the ITC will determine before the later of 120 days after the date of this preliminary determination or 45 days after the final determination. Notification to Interested Parties This determination is issued and published pursuant to sections 703(f) and 777(i) of the Act and 19 CFR 351.205(c). Dated: April 24, 2017. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. Appendix I Scope of the Investigation The merchandise covered by this investigation is softwood lumber, siding, flooring and certain other coniferous wood (``softwood lumber products''). The scope includes:Coniferous wood, sawn, or chipped lengthwise, sliced or peeled, whether or not planed, whether or not sanded, or whether or not finger-jointed, of an actual thickness exceeding six millimeters. Coniferous wood siding, flooring, and other coniferous wood (other than moldings and dowel rods), including strips and friezes for parquet flooring, that is continuously shaped (including, but not limited to, tongued, grooved, rebated, chamfered, V-jointed, beaded, molded, rounded) along any of its edges, ends, or faces, whether or not planed, whether or not sanded, or whether or not end-jointed. Coniferous drilled and notched lumber and angle cut lumber. Coniferous lumber stacked on edge and fastened together with nails, whether or not with plywood sheathing. Components or parts of semi-finished or unassembled finished products made from subject merchandise that would otherwise meet the definition of the scope above. Softwood lumber product imports are generally entered under Chapter 44 of the Harmonized Tariff Schedule of the United States (``HTSUS''). This chapter of the HTSUS covers ``Wood and articles of wood.'' Softwood lumber products that are subject to this investigation are currently classifiable under the following ten- digit HTSUS subheadings in Chapter 44: 4407.10.01.01; 4407.10.01.02; 4407.10.01.15; 4407.10.01.16; 4407.10.01.17; 4407.10.01.18; 4407.10.01.19; 4407.10.01.20; 4407.10.01.42; 4407.10.01.43; 4407.10.01.44; 4407.10.01.45; 4407.10.01.46; 4407.10.01.47; 4407.10.01.48; 4407.10.01.49; 4407.10.01.52; 4407.10.01.53; 4407.10.01.54; 4407.10.01.55; 4407.10.01.56; 4407.10.01.57; 4407.10.01.58; 4407.10.01.59; 4407.10.01.64; 4407.10.01.65; 4407.10.01.66; 4407.10.01.67; 4407.10.01.68; 4407.10.01.69; 4407.10.01.74; 4407.10.01.75; 4407.10.01.76; 4407.10.01.77; 4407.10.01.82; 4407.10.01.83; 4407.10.01.92; 4407.10.01.93; 4409.10.05.00; 4409.10.10.20; 4409.10.10.40; 4409.10.10.60; 4409.10.10.80; 4409.10.20.00; 4409.10.90.20; 4409.10.90.40; and 4418.90.25.00. Subject merchandise as described above may also be classified as stringers, square cut box-spring-frame components, fence pickets, truss components, pallet components, flooring, and door and window frame parts under the following ten-digit HTSUS subheadings in Chapter 44: 4415.20.40.00; 4415.20.80.00; 4418.90.46.05; 4418.90.46.20; 4418.90.46.40; 4418.90.46.95; 4421.90.70.40; 4421.90.94.00; and 4421.90.97.80. Although these HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of the investigation is dispositive. Appendix II List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope Comments and Requests for Exclusion IV. Scope of the Investigation V. Subsidies Valuation VI. Analysis of Programs VII. Calculation of the All-Others Rate VIII. ITC Notification IX. Disclosure and Public Comment X. Verification XI. Conclusion [FR Doc. 2017-08673 Filed 4-27-17; 8:45 am] BILLING CODE 3510-DS-P
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or other reasonable accommodation for preliminary determination of this provincial and territorial governments,
access to the facility or proceedings by investigation and the revised deadline is as well as the Canadian industry
contacting the person listed in the now April 24, 2017.2 associations.7 The Department finds that
section titled FOR FURTHER INFORMATION On April 13, 2017, the Department it lacks the authority to conduct the
CONTACT. All reasonable preliminarily determined that critical requested company exclusion process in
accommodation requests are managed circumstances exist with respect to the context of this countervailing duty
on a case by case basis. certain companies.3 For a complete investigation (CVD) on softwood lumber
Dated: April 13, 2017.
description of the events that followed from Canada.8
the initiation of this investigation, see With respect to other proposed scope
Glenn Casamassa,
the Preliminary Decision exclusions, including the request to
Associate Deputy Chief, National Forest Memorandum.4 A list of topics exclude merchandise from certain
System.
discussed in the Preliminary Decision provinces, the Department is inviting
[FR Doc. 2017–08556 Filed 4–27–17; 8:45 am] Memorandum is included as Appendix comments on those proposed exclusions
BILLING CODE 3411–15–P II to this notice. The Preliminary and will incorporate the decisions into
Decision Memorandum is a public the final CVD and AD determinations
document and is on file electronically after considering any relevant comments
DEPARTMENT OF COMMERCE via Enforcement and Compliance’s submitted in case and rebuttal briefs.
Antidumping and Countervailing Duty Comments on any proposed scope
International Trade Administration Centralized Electronic Service System exclusions are due no later than seven
[C–122–858] (ACCESS). ACCESS is available to days of publication of this notice in the
registered users at http:// Federal Register. Please note that the
Certain Softwood Lumber Products access.trade.gov, and is available to all Department will not accept any new
From Canada: Preliminary Affirmative parties in the Central Records Unit, factual information in these
Countervailing Duty Determination, room B8024 of the main Department of submissions. The Department intends to
and Alignment of Final Determination Commerce building. In addition, a set the same deadline on the record of
With Final Antidumping Duty complete version of the Preliminary the companion AD investigation. For
Determination Decision Memorandum can be accessed further information regarding proposed
directly at http://enforcement.trade.gov/ scope excusions, see the Preliminary
AGENCY: Enforcement and Compliance, frn/. The signed and electronic versions Decision Memorandum accompanying
International Trade Administration, of the Preliminary Decision this notice.
Department of Commerce. Memorandum are identical in content.
SUMMARY: The Department of Commerce Methodology
(the Department) preliminarily Scope of the Investigation The Department is conducting this
determines that countervailable The product covered by this investigation in accordance with section
subsidies are being provided to investigation is softwood lumber from 701 of the Act. For each of the subsidy
producers and exporters of certain Canada. For a complete description of programs found countervailable, the
softwood lumber products (softwood the scope of this investigation, see Department preliminarily determines
lumber) from Canada. The period of Appendix I. that there is a subsidy, i.e., a financial
investigation is January 1, 2015, through contribution by an ‘‘authority’’ that
December 31, 2015. Scope Comments
gives rise to a benefit to the recipient,
DATES: Effective April 28, 2017. In accordance with the preamble to and that the subsidy is specific.9
FOR FURTHER INFORMATION CONTACT: the Department’s regulations,5 the
Initiation Notice set aside a period of Alignment
Lana Nigro (Tolko), Toby Vandall
(Canfor), Justin Neuman (JDIL), Patricia time for parties to raise issues regarding As noted in the Preliminary Decision
Tran (West Fraser), and Kristen Johnson product coverage, (i.e., scope).6 Certain Memorandum, in accordance with
(Resolute), AD/CVD Operations, Offices interested parties commented on the section 705(a)(1) of the Act and 19 CFR
I and III, Enforcement and Compliance, scope of the investigation as it appeared 351.210(b)(4), the Department is
International Trade Administration, in the Initiation Notice as well as on aligning the final CVD determination in
U.S. Department of Commerce, 1401 additional language proposed by the this investigation with the final
Constitution Avenue NW., Washington, Department. On March 29, 2017, a letter determination in the companion AD
DC 20230; telephone: (202) 482–1779, presenting a proposal for company
(202) 482–1664, (202) 482–0486, (202) exclusions was filed on behalf of the 7 See letter from the Government of Canada,
Government of Canada (GOC), Canadian ‘‘Proposal for Company Exclusions,’’ dated March
482–1503, and (202) 482–4793, 29, 2017; see also letter from the Government of
respectively. 2 See Certain Softwood Lumber Products from
New Brunswick, ‘‘Softwood Lumber from Canada:
Proposals for Product- or Company-Based
SUPPLEMENTARY INFORMATION: Canada: Postponement of Preliminary Exclusions from the CVD Investigation,’’ dated
Determination in the Countervailing Duty March 31, 2017; letter from Government of British
Background Investigation, 82 FR 9055 (February 2, 2017). Columbia, ‘‘Certain Softwood Lumber Products
3 See Antidumping and Countervailing Duty
This preliminary determination is from Canada: Comments in Support of Clarifying
Investigations of Certain Softwood Lumber Products and Exclusionary Language Proposed by Canada
made in accordance with section 703(b) from Canada: Preliminary Determinations of Regarding the Scope of these Investigations,’’ dated
of the Tariff Act of 1930, as amended Critical Circumstances, signed April 13, 2017 April 3, 2017.
asabaliauskas on DSK3SPTVN1PROD with NOTICES
(the Act). The Department published the (Preliminary CC Determination). 8 See Memorandum from Gary Taverman,
4 See Memorandum, ‘‘Decision Memorandum for
notice of initiation of this investigation Associate Deputy Assistant Secretary for
the Preliminary Determination in the Antidumping and Countervailing Duty Operations,
on December 22, 2017.1 On February 2, Countervailing Duty Investigation of Certain to Ronald K. Lorentzen, Acting Assistant Secretary
2017, the Department postponed the Softwood Lumber Products from Canada,’’ dated for Enforcement and Compliance, dated April 24,
concurrently with, and hereby adopted by, this 2017.
1 See Certain Softwood Lumber Products from notice (Preliminary Decision Memorandum). 9 See sections 771(5)(B) and (D) of the Act
5 See Antidumping Duties; Countervailing Duties,
Canada: Initiation of Countervailing Duty regarding financial contribution; section 771(5)(E)
Investigation, 81 FR 93897 (December 22, 2016) Final Rule, 62 FR 27296, 27323 (May 19, 1997). of the Act regarding benefit; and section 771(5A) of
(Initiation Notice). 6 See Initiation Notice. the Act regarding specificity.
VerDate Sep<11>2014 17:38 Apr 27, 2017 Jkt 241001 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\28APN1.SGM 28APN1](https://thefederalregister.org/doc/82_FR_19738/page/1.svg)
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case and rebuttal briefs, must submit a • Coniferous lumber stacked on edge and DEPARTMENT OF COMMERCE
written request to the Assistant fastened together with nails, whether or not
Secretary for Enforcement and with plywood sheathing. National Oceanic and Atmospheric
Compliance, U.S. Department of • Components or parts of semi-finished or Administration
Commerce within 30 days after the date unassembled finished products made from
RIN 0648–XE201
of publication of this notice. Requests subject merchandise that would otherwise
should contain the party’s name, meet the definition of the scope above. Deepwater Horizon Oil Spill; Notice of
address, and telephone number, the Softwood lumber product imports are Intent To Conduct Strategic
number of participants, whether any generally entered under Chapter 44 of the Restoration Planning That Considers
participant is a foreign national, and a Harmonized Tariff Schedule of the United Existing Projects for Barataria Bay,
list of the issues to be discussed. If a States (‘‘HTSUS’’). This chapter of the Louisiana and To Initiate Restoration
request for a hearing is made, the HTSUS covers ‘‘Wood and articles of wood.’’ Planning With Regard to the Mid-
Department intends to hold the hearing Softwood lumber products that are subject to Barataria Sediment Diversion
at the U.S. Department of Commerce, this investigation are currently classifiable
1401 Constitution Avenue NW., under the following ten-digit HTSUS AGENCY: National Marine Fisheries
subheadings in Chapter 44: 4407.10.01.01; Service (NMFS), National Oceanic and
Washington, DC 20230, at a time and
4407.10.01.02; 4407.10.01.15; 4407.10.01.16; Atmospheric Administration (NOAA),
date to be determined and interested
4407.10.01.17; 4407.10.01.18; 4407.10.01.19; Commerce.
parties will be notified by the
4407.10.01.20; 4407.10.01.42; 4407.10.01.43; ACTION: Notice of intent to prepare a
Department, via letter. Parties should
4407.10.01.44; 4407.10.01.45; 4407.10.01.46; Strategic Restoration Plan for Barataria
confirm by telephone the date, time, and
4407.10.01.47; 4407.10.01.48; 4407.10.01.49; Basin, Louisiana, and to initiate
location of the hearing two days before
4407.10.01.52; 4407.10.01.53; 4407.10.01.54; restoration planning with regard to the
the scheduled date.
4407.10.01.55; 4407.10.01.56; 4407.10.01.57; Mid-Barataria Sediment Diversion.
International Trade Commission 4407.10.01.58; 4407.10.01.59; 4407.10.01.64;
Notification 4407.10.01.65; 4407.10.01.66; 4407.10.01.67; SUMMARY: NOAA, on behalf of the
4407.10.01.68; 4407.10.01.69; 4407.10.01.74; Federal and state natural resource
In accordance with section 703(f) of 4407.10.01.75; 4407.10.01.76; 4407.10.01.77; trustees for the Louisiana Trustee
the Act, the Department will notify the 4407.10.01.82; 4407.10.01.83; 4407.10.01.92; Implementation Group (Louisiana TIG
International Trade Commission (ITC) of 4407.10.01.93; 4409.10.05.00; 4409.10.10.20; Trustees) for the Deepwater Horizon
its determination. If the final 4409.10.10.40; 4409.10.10.60; 4409.10.10.80; (DWH) oil spill, is initiating two actions
determination is affirmative, the ITC 4409.10.20.00; 4409.10.90.20; 4409.10.90.40; with this notice.
will determine before the later of 120 and 4418.90.25.00. First, the Louisiana TIG Trustees are
days after the date of this preliminary Subject merchandise as described above announcing their intent to prepare a
determination or 45 days after the final may also be classified as stringers, square cut Strategic Restoration Plan for Barataria
determination. box-spring-frame components, fence pickets, Basin, Louisiana, pursuant to the
truss components, pallet components, Deepwater Horizon Programmatic
Notification to Interested Parties flooring, and door and window frame parts Damage Assessment and Restoration
This determination is issued and under the following ten-digit HTSUS Plan and Programmatic Environmental
published pursuant to sections 703(f) subheadings in Chapter 44: 4415.20.40.00; Impact Statement (PDARP/PEIS) (Feb
and 777(i) of the Act and 19 CFR 4415.20.80.00; 4418.90.46.05; 4418.90.46.20; 2016). This Barataria Basin Strategic
351.205(c). 4418.90.46.40; 4418.90.46.95; 4421.90.70.40; Restoration Plan, referred to herein as
4421.90.94.00; and 4421.90.97.80. the Phase I Plan, will consider
Dated: April 24, 2017. Although these HTSUS subheadings are identifying habitat restoration
Ronald K. Lorentzen, provided for convenience and customs components of the Louisiana Draft 2017
Acting Assistant Secretary for Enforcement purposes, the written description of the Coastal Master Plan (draft 2017 CMP) to
and Compliance. scope of the investigation is dispositive. serve as an Oil Pollution Act (OPA)
Appendix I Appendix II Strategic Restoration Plan for restoring
wetland, coastal, and nearshore habitat
Scope of the Investigation List of Topics Discussed in the Preliminary in Barataria Basin, Louisiana, consistent
The merchandise covered by this Decision Memorandum with OPA and with the Trustees’
investigation is softwood lumber, siding, I. Summary PDARP/PEIS. The Louisiana TIG
flooring and certain other coniferous wood II. Background Trustees will consider whether a
(‘‘softwood lumber products’’). The scope combination of Barataria Basin habitat
III. Scope Comments and Requests for
includes:
• Coniferous wood, sawn, or chipped
Exclusion restoration projects in the draft 2017
lengthwise, sliced or peeled, whether or not IV. Scope of the Investigation CMP constitutes a preferred alternative,
planed, whether or not sanded, or whether or V. Subsidies Valuation among other feasible alternatives, for
not finger-jointed, of an actual thickness VI. Analysis of Programs fulfilling OPA’s and the PDARP/PEIS’s
exceeding six millimeters. VII. Calculation of the All-Others Rate intent for the trustees to address
• Coniferous wood siding, flooring, and VIII. ITC Notification ecosystem-level injuries and to restore,
other coniferous wood (other than moldings IX. Disclosure and Public Comment rehabilitate, replace, or acquire the
and dowel rods), including strips and friezes X. Verification equivalent of the injured wetland,
asabaliauskas on DSK3SPTVN1PROD with NOTICES
for parquet flooring, that is continuously XI. Conclusion coastal and nearshore habitat resources
shaped (including, but not limited to, and services and compensate for interim
[FR Doc. 2017–08673 Filed 4–27–17; 8:45 am]
tongued, grooved, rebated, chamfered, V-
jointed, beaded, molded, rounded) along any BILLING CODE 3510–DS–P losses of those resources from the
of its edges, ends, or faces, whether or not Deepwater Horizon oil spill. Any
planed, whether or not sanded, or whether or projects or suites of projects that are
not end-jointed. ultimately included in the resulting
• Coniferous drilled and notched lumber Strategic Restoration Plan will be
and angle cut lumber. further analyzed in subsequent phased
VerDate Sep<11>2014 17:38 Apr 27, 2017 Jkt 241001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\28APN1.SGM 28APN1](https://thefederalregister.org/doc/82_FR_19738/page/3.svg)
Document Created: 2017-04-28 03:02:36
Document Modified: 2017-04-28 03:02:36
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Effective April 28, 2017. | |
| Contact | Lana Nigro (Tolko), Toby Vandall (Canfor), Justin Neuman (JDIL), Patricia Tran (West Fraser), and Kristen Johnson (Resolute), AD/CVD Operations, Offices I and III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-1779, (202) 482-1664, (202) 482-0486, (202) 482-1503, and (202) 482-4793, respectively. | |
| FR Citation | 82 FR 19657 |
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