82_FR_41778 82 FR 41609 - Certain Softwood Lumber Products From Canada: Postponement of Final Determination of Less-Than-Fair-Value Investigation and Extension of Provisional Measures

82 FR 41609 - Certain Softwood Lumber Products From Canada: Postponement of Final Determination of Less-Than-Fair-Value Investigation and Extension of Provisional Measures

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 169 (September 1, 2017)

Page Range41609-41610
FR Document2017-18643

The Department of Commerce (the Department) is postponing until November 13, 2017, the deadline for issuing the final determination in the less-than-fair-value (LTFV) investigation of certain softwood lumber products (softwood lumber) from Canada, and is extending the provisional measures from a four-month period to a period of not more than six months. As the deadline for the final determination of the countervailing duty (CVD) investigation of softwood lumber from Canada is aligned with the deadline for the final determination of the LTFV investigation, the final CVD determination will also be issued no later than November 13, 2017.

Federal Register, Volume 82 Issue 169 (Friday, September 1, 2017) 
[Federal Register Volume 82, Number 169 (Friday, September 1, 2017)]
[Notices]
[Pages 41609-41610]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-18643]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-122-857]


Certain Softwood Lumber Products From Canada: Postponement of 
Final Determination of Less-Than-Fair-Value Investigation and Extension 
of Provisional Measures

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

SUMMARY: The Department of Commerce (the Department) is postponing 
until November 13, 2017, the deadline for issuing the final 
determination in the less-than-fair-value (LTFV) investigation of 
certain softwood lumber products (softwood lumber) from Canada, and is 
extending the provisional measures from a four-month period to a period 
of not more than six months. As the deadline for the final 
determination of the countervailing duty (CVD) investigation of 
softwood lumber from Canada is aligned with the deadline for the final 
determination of the LTFV investigation, the final CVD determination 
will also be issued no later than November 13, 2017.

DATES: Applicable September 1, 2017.

FOR FURTHER INFORMATION CONTACT: Stephen Bailey, AD/CVD Operations, 
Office IV, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230; telephone: (202) 482-0193.

SUPPLEMENTARY INFORMATION: 

Background

    On April 28, 2017, and June 30, 2017, respectively, the Department 
published its preliminary determinations in the CVD and LTFV 
investigations of softwood lumber from Canada.\1\ In the CVD 
Preliminary Determination, at the request of the petitioner,\2\ the 
Department aligned the final deadline for the CVD investigation with 
the final determination of the LTFV investigation.\3\
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    \1\ See Certain Softwood Lumber Products from Canada: 
Preliminary Affirmative Countervailing Duty Determination, and 
Alignment of Final Determination with Final Antidumping Duty 
Determination, 82 FR 19657 (April 28, 2017) (CVD Preliminary 
Determination) and Certain Softwood Lumber Products from Canada: 
Preliminary Affirmative Determination of Sales at Less Than Fair 
Value, 82 FR 29833 (June 30, 2017) (LTFV Preliminary Determination).
    \2\ The Committee Overseeing Action for Lumber International 
Trade Investigations or Negotiations (the petitioner).
    \3\ See CVD Preliminary Determination, 82 FR at 19657-19658.
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    On May 26, 2017, and June 26, 2017, Canfor Corporation (Canfor), 
Resolute FP Canada Inc. (Resolute), Tolko Marketing and Sales Ltd. and 
Tolko Industries Ltd. (Tolko), and West Fraser Mills Ltd., (West 
Fraser) (collectively, the Company Respondents), requested that the 
Department fully extend the deadline for the final LTFV determination, 
and extend the application of the provisional measures from a four-
month period to a period of not more than six months.\4\
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    \4\ See Letters from Canfor, Resolute, Tolko, and West Fraser 
dated May 26, 2017, June 26, 2017, May 26, 2017, and May 26, 2017, 
respectively.
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Postponement of Final LTFV Determination and Aligned Final CVD 
Determination

    Given the complexity of these investigations and the volume of 
information on the records of these proceedings that needs to be 
analyzed, the Department finds that postponement is warranted in the 
LTFV investigation and the aligned CVD investigation covering softwood 
lumber from Canada. Further, because of the ongoing discussions between 
the Governments of the United States and Canada focusing on a durable 
solution to this long-standing trade dispute, postponement of these 
aligned investigations is also warranted. This additional time will 
afford the Department the time to both address the factual and legal 
matters on the records of these proceedings, as well as continue 
discussions on this broader cross-border trade dispute.
    Therefore, pursuant to 735(a)(2)(A) of the Tariff Act of 1930, as 
amended, the Department is (1) postponing the LTFV final determination 
until no later than November 13, 2017, which is 135 days after the date 
of the publication of the LTFV Preliminary Determination, and (2) 
extending the provisional measures from a four-month period to a period 
of not more than six months. Further, as noted above, because the CVD 
investigation is aligned with the LTFV investigation, the Department 
will also issue its final determination in the CVD investigation no 
later than November 13, 2017.\5\
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    \5\ Postponing the final determinations to 135 days after the 
publication of the LTFV Preliminary Determination would place the 
deadline on Sunday, November 12, 2017. The Department's practice 
dictates that where a deadline falls on a weekend or federal 
holiday, the appropriate deadline is the next business day. See 
Notice of Clarification: Application of ``Next Business Day'' Rule 
for Administrative Determination Deadlines Pursuant to the Tariff 
Act of 1930, As Amended, 70 FR 24533 (May 10, 2005).
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    This notice is issued and published pursuant to 19 CFR 351.210(g).


[[Page 41610]]


    Dated: August 28, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, Performing the Non-Exclusive Functions and Duties of the 
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2017-18643 Filed 8-31-17; 8:45 am]
BILLING CODE 3510-DS-P

Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices 41609 characteristics are excluded from the DEPARTMENT OF COMMERCE On May 26, 2017, and June 26, 2017, scope of the Order: Novelty jumbo Canfor Corporation (Canfor), Resolute pencils that are octagonal in shape, International Trade Administration FP Canada Inc. (Resolute), Tolko approximately ten inches long, one inch Marketing and Sales Ltd. and Tolko [A–122–857] Industries Ltd. (Tolko), and West Fraser in diameter before sharpening, and three-and-one eighth inches in Certain Softwood Lumber Products Mills Ltd., (West Fraser) (collectively, circumference, composed of turned From Canada: Postponement of Final the Company Respondents), requested wood encasing one-and-one half inches Determination of Less-Than-Fair-Value that the Department fully extend the of sharpened lead on one end and a Investigation and Extension of deadline for the final LTFV rubber eraser on the other end. The Provisional Measures determination, and extend the HTSUS subheadings are provided for application of the provisional measures convenience and customs purposes AGENCY: Enforcement and Compliance, from a four-month period to a period of International Trade Administration, not more than six months.4 only; the written description of the Department of Commerce. merchandise covered by the scope of the Postponement of Final LTFV Order is dispositive. SUMMARY: The Department of Commerce Determination and Aligned Final CVD (the Department) is postponing until Determination Continuation of the Order November 13, 2017, the deadline for issuing the final determination in the Given the complexity of these As a result of the determinations by less-than-fair-value (LTFV) investigation investigations and the volume of the Department and the ITC that of certain softwood lumber products information on the records of these revocation of the Order would likely (softwood lumber) from Canada, and is proceedings that needs to be analyzed, lead to continuation or recurrence of extending the provisional measures the Department finds that postponement dumping and material injury to an from a four-month period to a period of is warranted in the LTFV investigation industry in the United States, pursuant not more than six months. As the and the aligned CVD investigation to section 751(d)(2) of the Act and 19 deadline for the final determination of covering softwood lumber from Canada. CFR 351.218(a), the Department hereby the countervailing duty (CVD) Further, because of the ongoing orders the continuation of the Order on investigation of softwood lumber from discussions between the Governments certain cased pencils from the PRC. U.S. Canada is aligned with the deadline for of the United States and Canada Customs and Border Protection will the final determination of the LTFV focusing on a durable solution to this investigation, the final CVD long-standing trade dispute, continue to collect AD cash deposits at determination will also be issued no postponement of these aligned the rates in effect at the time of entry for later than November 13, 2017. investigations is also warranted. This all imports of subject merchandise. additional time will afford the The effective date of the continuation DATES: Applicable September 1, 2017. Department the time to both address the of the Order will be the date of FOR FURTHER INFORMATION CONTACT: factual and legal matters on the records publication in the Federal Register of Stephen Bailey, AD/CVD Operations, of these proceedings, as well as this notice of continuation. Pursuant to Office IV, Enforcement and Compliance, continue discussions on this broader section 751(c)(2) of the Act, the International Trade Administration, cross-border trade dispute. Department intends to initiate the next U.S. Department of Commerce, 1401 Therefore, pursuant to 735(a)(2)(A) of five-year review of the Order not later Constitution Avenue NW., Washington, the Tariff Act of 1930, as amended, the than 30 days prior to the fifth DC 20230; telephone: (202) 482–0193. Department is (1) postponing the LTFV anniversary of the effective date of SUPPLEMENTARY INFORMATION: final determination until no later than continuation. November 13, 2017, which is 135 days Background after the date of the publication of the This five-year sunset review and this On April 28, 2017, and June 30, 2017, LTFV Preliminary Determination, and notice are in accordance with section respectively, the Department published (2) extending the provisional measures 751(c) of the Act and published its preliminary determinations in the from a four-month period to a period of pursuant to section 777(i)(1) of the Act CVD and LTFV investigations of not more than six months. Further, as and 19 CFR 351.218(f)(4). softwood lumber from Canada.1 In the noted above, because the CVD Dated: August 28, 2017. CVD Preliminary Determination, at the investigation is aligned with the LTFV Gary Taverman, request of the petitioner,2 the investigation, the Department will also Department aligned the final deadline issue its final determination in the CVD Deputy Assistant Secretary for Antidumping for the CVD investigation with the final investigation no later than November and Countervailing Duty Operations, determination of the LTFV 13, 2017.5 performing the non-exclusive functions and duties of the Assistant Secretary for investigation.3 This notice is issued and published Enforcement and Compliance. pursuant to 19 CFR 351.210(g). 1 See Certain Softwood Lumber Products from [FR Doc. 2017–18588 Filed 8–31–17; 8:45 am] Canada: Preliminary Affirmative Countervailing 4 See Letters from Canfor, Resolute, Tolko, and BILLING CODE 3510–DS–P Duty Determination, and Alignment of Final West Fraser dated May 26, 2017, June 26, 2017, May Determination with Final Antidumping Duty 26, 2017, and May 26, 2017, respectively. Determination, 82 FR 19657 (April 28, 2017) (CVD 5 Postponing the final determinations to 135 days Preliminary Determination) and Certain Softwood after the publication of the LTFV Preliminary sradovich on DSK3GMQ082PROD with NOTICES Lumber Products from Canada: Preliminary Determination would place the deadline on Affirmative Determination of Sales at Less Than Sunday, November 12, 2017. The Department’s Fair Value, 82 FR 29833 (June 30, 2017) (LTFV practice dictates that where a deadline falls on a Preliminary Determination). weekend or federal holiday, the appropriate 2 The Committee Overseeing Action for Lumber deadline is the next business day. See Notice of International Trade Investigations or Negotiations Clarification: Application of ‘‘Next Business Day’’ (the petitioner). Rule for Administrative Determination Deadlines 3 See CVD Preliminary Determination, 82 FR at Pursuant to the Tariff Act of 1930, As Amended, 70 19657–19658. FR 24533 (May 10, 2005). VerDate Sep<11>2014 17:53 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 E:\FR\FM\01SEN1.SGM 01SEN1

41610 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices Dated: August 28, 2017. Memorandum which is hereby adopted Methodology Gary Taverman, by this notice.2 Deputy Assistant Secretary for Antidumping The Department conducted this anti- and Countervailing Duty Operations, Scope of the Orders circumvention determination in Performing the Non-Exclusive Functions and accordance with section 781(c) of the Duties of the Assistant Secretary for The merchandise covered by the Tariff Act of 1930, as amended (the Act), Enforcement and Compliance. Orders 3 is uncoated paper. Uncoated and 19 CFR 351.225(i). For a full [FR Doc. 2017–18643 Filed 8–31–17; 8:45 am] paper subject to the Orders is currently classifiable in the Harmonized Tariff description of the methodology BILLING CODE 3510–DS–P Schedule of the United States (HTSUS) underlying our conclusions, see the at subheadings 4802.56.1000, Issues and Decision Memorandum. A 4802.56.2000, 4802.56.3000, list of the topics discussed is attached DEPARTMENT OF COMMERCE 4802.56.4000, 4802.56.6000, to this notice in the Appendix. International Trade Administration 4802.56.7020, 4802.56.7040, The Issues and Decision [A–602–807, A–351–842, A–570–022, C–570– 4802.57.1000, 4802.57.2000, Memorandum is on file electronically 023, A–560–828, C–560–829, A–471–807] 4802.57.3000, and 4802.57.4000. Some via Enforcement and Compliance’s imports of subject merchandise may Antidumping and Countervailing Duty Certain Uncoated Paper From also be classified under 4802.62.1000, Centralized Electronic Service System Australia, Brazil, the People’s Republic 4802.62.2000, 4802.62.3000, (ACCESS). ACCESS is available to of China, Indonesia, and Portugal: 4802.62.5000, 4802.62.6020, registered user at https:// Affirmative Final Determination of 4802.62.6040, 4802.69.1000, access.trade.gov and is available to all Circumvention of the Antidumping and 4802.69.2000, 4802.69.3000, parties in the Central Records Unit, Countervailing Duty Orders 4811.90.8050 and 4811.90.9080. The Room B–8024 of the main Department HTSUS subheadings are provided for of Commerce building. In addition, a AGENCY: Enforcement and Compliance, International Trade Administration, convenience and customs purposes; the complete public version of the Issues Department of Commerce. written description of the scope of the and Decision Memorandum can be Orders is dispositive.4 accessed directly at http:// DATES: Applicable September 1, 2017. SUMMARY: The Department of Commerce Scope of the Anti-Circumvention enforcement.trade.gov/frn/index.html. (Department) determines that imports of Inquiry The signed and electronic versions of uncoated paper with a GE brightness of the Issues and Decision Memorandum 83 ±1% (83 Bright paper), otherwise The merchandise subject to this anti- are identical in content. meeting the description of in-scope circumvention inquiry consists of 83 Final Affirmative Determination of merchandise, from Australia, Brazil, the Bright paper with a GE brightness of 83 People’s Republic of China, Indonesia, ±1%, and otherwise meeting the Circumvention and Portugal constitute merchandise description of the scope of the Orders. As detailed in the Issues and Decision ‘‘altered in form or appearance in minor On August 1, 2016, the petitioners Memorandum, we determine, pursuant respects’’ from in-scope merchandise clarified that, consistent with 19 CFR 351.225(m), they intended for the to section 781(c) of the Act and 19 CFR are subject to the antidumping duty 351.225(i), that imports of 83 Bright (AD) and countervailing duty (CVD) Department to conduct a single anti- circumvention inquiry and issue a paper, otherwise meeting the orders on certain uncoated paper description of in-scope merchandise, (uncoated paper). single ruling applicable to each of the Orders. Therefore, in accordance with constitute merchandise ‘‘altered in form FOR FURTHER INFORMATION CONTACT: 19 CFR 351.225(m), we find it or appearance in minor respects’’ from William Miller at (202) 482–3906, AD/ in-scope merchandise and are subject to CVD Operations, Enforcement and appropriate to apply the results of this inquiry to each of the Orders.5 the Orders. Compliance, U.S. Department of Commerce, 1401 Constitution Avenue Suspension of Liquidation 2 See Memorandum, ‘‘Issues and Decision NW., Washington, DC 20230. Memorandum for the Final Affirmative In accordance with 19 CFR SUPPLEMENTARY INFORMATION: Determination of Circumvention of the Antidumping and Countervailing Duty Orders on 351.225(l)(2), we are directing U.S. Background Certain Uncoated Paper from Australia, Brazil, the Customs and Border Protection (CBP) to On June 9, 2017, the Department People’s Republic of China, Indonesia, and continue to suspend liquidation of Portugal’’ (Issues and Decision Memorandum), published the Preliminary dated concurrently with this determination and entries of 83 Bright paper entered, or Determination of the anti-circumvention hereby adopted by this notice. withdrawn from warehouse, for inquiry of 83 Bright paper from 3 See Certain Uncoated Paper from Australia, consumption on or after November 7, Australia, Brazil, the People’s Republic Brazil, Indonesia, the People’s Republic of China, 2016, the date of publication of the of China, Indonesia, and Portugal.1 A and Portugal: Amended Final Affirmative Antidumping Determinations for Brazil and initiation of this inquiry, until summary of the events that occurred Indonesia and Antidumping Duty Orders; 81 FR appropriate liquidation instructions are since the Department published the 11174 (March 3, 2016) and Certain Uncoated Paper issued. We will also instruct CBP to Preliminary Determination, as well as a from Indonesia and the People’s Republic of China: continue to require a cash deposit of full discussion of the issues raised by Amended Final Affirmative Countervailing Duty Determination and Countervailing Duty Order estimated duties at the applicable rates sradovich on DSK3GMQ082PROD with NOTICES parties for this final determination, may (Indonesia) and Countervailing Duty Order for each unliquidated entry of the be found in the Issues and Decision (People’s Republic of China); 81 FR 11187, (March product entered, or withdrawn from 3, 2016) (collectively, the Orders). 1 See Certain Uncoated Paper from Australia, 4 A full description of the scope of the Orders is warehouse, for consumption on or after Brazil, the People’s Republic of China, Indonesia, contained in the Issues and Decision Memorandum. November 7, 2016, in accordance with and Portugal: Affirmative Preliminary 5 See Certain Uncoated Paper from Australia, 19 CFR 351.225(l)(2). Determination of Circumvention of the Brazil, Indonesia, the People’s Republic of China, Antidumping and Countervailing Duty Orders; 82 and Portugal: Initiation of Anti-Circumvention FR 26778 (June 9, 2017). Inquiry, 81 FR 78117 (November 7, 2016). VerDate Sep<11>2014 17:53 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 E:\FR\FM\01SEN1.SGM 01SEN1


Document Created: 2017-09-01 01:50:26
Document Modified: 2017-09-01 01:50:26
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
DatesApplicable September 1, 2017.
ContactStephen Bailey, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-0193.
FR Citation82 FR 41609 
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