83 FR 347 - Certain Softwood Lumber Products From Canada: Amended Final Affirmative Countervailing Duty Determination and Countervailing Duty Order
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 83, Issue 2 (January 3, 2018)
International Trade Administration
Federal Register Volume 83, Issue 2 (January 3, 2018)
| Page Range | 347-349 | |
| FR Document | 2017-28483 |
[Federal Register Volume 83, Number 2 (Wednesday, January 3, 2018)] [Notices] [Pages 347-349] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-28483] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [C-122-858] Certain Softwood Lumber Products From Canada: Amended Final Affirmative Countervailing Duty Determination and Countervailing Duty Order AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: Based on affirmative final determinations by the Department of Commerce (Commerce) and the International Trade Commission (ITC), Commerce is issuing a countervailing duty order on Certain Softwood Lumber Products (Softwood Lumber) from Canada. Also, Commerce is amending its final countervailing duty determination with respect to Softwood Lumber from Canada, to correct ministerial errors. DATES: January 3, 2018. FOR FURTHER INFORMATION CONTACT: Nicholas Czajkowski and Kristen Johnson, 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: 202-482-1395 and (202) 482-4793, respectively. SUPPLEMENTARY INFORMATION: Background In accordance with sections 705(a), 705(d), and 777(i)(1) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.210(c), on November 8, 2017, Commerce published an affirmative final determination in the countervailing duty investigation of Softwood Lumber from Canada.\1\ [[Page 348]] Interested parties submitted timely filed allegations that Commerce made certain ministerial errors in the final determination of Softwood Lumber from Canada. Section 705(e) of the Act and 19 CFR 351.224(f) defines ministerial errors as errors in addition, subtraction, or other arithmetic function, clerical errors resulting from inaccurate copying, duplication, or the like, and any other type of unintentional error which the administering authority considers ministerial. We reviewed the allegations and determined that we made certain ministerial errors. See ``Amendment to the Final Determination'' section below for further discussion. --------------------------------------------------------------------------- \1\ See Certain Softwood Lumber Products From Canada: Final Affirmative Countervailing Duty Determination, and Final Negative Determination of Critical Circumstances, 82 FR 51814 (November 8, 2017) (Final Determination). --------------------------------------------------------------------------- On December 26, 2017, the ITC notified Commerce of its final determination pursuant to section 705(b)(1)(A)(i) and section 705(d) of the Act, that an industry in the United States is materially injured by reason of subsidized imports of Softwood Lumber from Canada.\2\ --------------------------------------------------------------------------- \2\ See Letter from ITC concerning Softwood Lumber from Canada USITC Investigation Nos. 701-TA-566 and 731-TA-1342, USITC Publication 4749 (December 2017) (ITC Letter). --------------------------------------------------------------------------- Scope of the Order The products covered by this order is Softwood Lumber from Canada. For a complete description of the scope of this order, see Appendix I. Amendment to the Final Determination On November 9, 2017, West Fraser Mills Ltd. and its cross-owned affiliates (collectively, West Fraser) submitted a timely, properly filed allegation that Commerce made certain ministerial errors in the Final Determination.\3\ On November 13, 2017, Resolute FP Canada Inc. and Resolute FP US Inc. (collectively, Resolute) and Conseil de l'Industrie Forestiere du Quebec (CIFQ) submitted a timely, properly filed allegation that Commerce made certain ministerial errors in the Final Determination.\4\ On November 17, 2017, the petitioner \5\ submitted rebuttal comments to the Resolute and CIFQ allegation. --------------------------------------------------------------------------- \3\ See Letter from West Fraser ``Softwood Lumber from Canada: Request for Correction of Ministerial Error in the Investigation Final Determination Calculations,'' November 9, 2017 (West Fraser Ministerial Error Allegation). \4\ See Letter from Resolute and CIFQ ``Softwood Lumber from Canada: Comments Regarding Ministerial Error,'' November 13, 2017 (Resolute Ministerial Error Allegation). \5\ The petitioner is an ad hoc association whose members are: U.S. Lumber Coalition, Inc.; Collum's Lumber Products, L.L.C.; Hankins, Inc.; Potlatch Corporation; Rex Lumber Company; Seneca Sawmill Company; Sierra Pacific Industries; Stimson Lumber Company; Swanson Group; Weyerhaeuser Company; Carpenters Industrial Council; Giustina Land and Timber Company; Sullivan Forestry Consultants, Inc. --------------------------------------------------------------------------- Commerce reviewed the record and, on December 4, 2017, agreed that the error referenced in West Fraser's allegation constitutes a ministerial error within the meaning of 705(e) of the Act and 19 CFR 351.224(f).\6\ Commerce found that it erroneously calculated West Fraser's benefit under the Alberta Tax-Exempt Fuel Program for Marked Fuel, and this error was contrary to our methodological intention.\7\ Pursuant to 19 CFR 351.224(e), Commerce is amending the Final Determination to reflect the correction of the ministerial error described above. However, Commerce did not find a ministerial error with regard to the Resolute and CIFQ allegation,\8\ and thus Commerce is not amending the Final Determination with regard to that allegation. Based on our correction of the ministerial error in West Fraser's calculation, the subsidy rate for West Fraser decreased from 18.19 percent ad valorem to 17.99 percent ad valorem.\9\ Because the ``all- others'' rate is based, in part, on West Fraser's ad valorem subsidy rate, the correction noted above also decreases the ``all-others'' rate determined in the Final Determination to 14.19 percent ad valorem.\10\ All other countervailing duty rates remain unchanged from the Final Determination. --------------------------------------------------------------------------- \6\ See Memorandum ``Ministerial Error Allegations Concerning Final Affirmative Countervailing Duty Determination, and Final Negative Determination of Critical Circumstances,'' December 4, 2017. \7\ Id. \8\ Id. \9\ Id. \10\ Id. --------------------------------------------------------------------------- Countervailing Duty Order In accordance with sections 705(b)(1)(A)(i) and 705(d) of the Act, the ITC notified Commerce of its final determinations that an industry in the United States is materially injured by reason of of subsidized imports of Softwood Lumber from Canada.\11\ Therefore, in accordance with section 705(c)(2) of the Act, we are issuing this countervailing duty order. Because the ITC determined that imports of Softwood Lumber from Canada are materially injuring a U.S. industry, unliquidated entries of such merchandise from Canada, entered or withdrawn from warehouse for consumption, are subject to the assessment of countervailing duties. --------------------------------------------------------------------------- \11\ See ITC Letter. --------------------------------------------------------------------------- As a result of the ITC's final determination, in accordance with section 706(a) of the Act, Commerce will direct U.S. Customs and Border Protection (CBP) to assess, upon further instruction by Commerce, countervailing duties equal to the net countervailable subsidy rates, for all relevant entries of Softwood Lumber from Canada. Countervailing duties will be assessed on unliquidated entries of Softwood Lumber from Canada entered, or withdrawn from warehouse, for consumption on or after April 28, 2017, the date of publication of the Preliminary Determination,\12\ but will not include entries occurring after the expiration of the provisional measures period and before publication of the ITC's final injury determination as further described below. --------------------------------------------------------------------------- \12\ 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) (Preliminary Determination). --------------------------------------------------------------------------- Amended Cash Deposits and Suspension of Liquidation In accordance with section 706 of the Act, Commerce will instruct CBP to reinstitutue suspension of liquidation on all relevant entries of Softwood Lumber from Canada. These instructions suspending liquidation will remain in effect until further notice. Commerce will also instruct CBP to require cash deposits equal to the amounts as indicated below. Accordingly, effective on the date of publication of the ITC's final affirmative injury determination, CBP will require, at the same time as importers would normally deposit estimated duties on this subject merchandise, a cash deposit equal to the subsidy rates listed below.\13\ The all-others rate applies to all producers or exporters not specifically listed, as appropriate. --------------------------------------------------------------------------- \13\ See section 706(a)(3) of the Act. ------------------------------------------------------------------------ Subsidy rate Company (%) ------------------------------------------------------------------------ Canfor Corporation and its cross-owned affiliates \14\.. 13.24 J.D. Irving Limited and its cross-owned affiliates \15\. 3.34 [[Page 349]] Resolute FP Canada Inc. and its cross-owned affiliates 14.70 \16\................................................... Tolko Marketing and Sales Ltd. and its cross-owned 14.85 affiliates \17\........................................ West Fraser Mills Ltd. and its cross-owned affiliates 17.99 \18\................................................... All-Others.............................................. 14.19 ------------------------------------------------------------------------ \14\ Commerce has found the following companies to be cross-owned with Canfor Corporation: Canadian Forest Products, Ltd., and Canfor Wood Products Marketing, Ltd. \15\ Commerce 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 Limited. \16\ Commerce 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 SEC., and 9192-8515 Quebec Inc. \17\ Commerce has found the following companies to be cross-owned with Tolko: Tolko Industries Ltd., and Meadow Lake OSB Limited Partnership. \18\ Commerce 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. Provisional Measures Section 703(d) of the Act states that the suspension of liquidation pursuant to an affirmative preliminary countervailing duty determination may not remain in effect for more than four months. In the underlying investigation, Commerce published the Preliminary Determination on April 28, 2017. Therefore, the four-month period beginning on the date of the publication of the Preliminary Determination ended on August 26, 2017. Furthermore, section 707(b) of the Act states that definitive duties are to begin on the date of publication of the ITC's final injury determination. Therefore, in accordance with section 703(d) of the Act and our practice, we instructed CBP to terminate the suspension of liquidation and to liquidate, without regard to duties, unliquidated entries of Softwood Lumber from Canada made on or after August 26, 2017. Suspension of liquidation will resume on the date of publication of the ITC's final determination in the Federal Register. Notification to Interested Parties This notice constitutes the countervailing duty order with respect to Softwood Lumber from Canada, pursuant to section 706(a) of the Act. Interested parties may find an updated list of CVD orders currently in effect at http://enforcement.trade.gov/stats/iastats1.html. This order is issued and published in accordance with section 706(a) of the Act and 19 CFR 351.211(b). Dated: December 28, 2017. P. Lee Smith, Deputy Assistant Secretary for Policy and Negotiations. Appendix I--Scope of the Order The merchandise covered by this order 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. Finished products are not covered by the scope of this order. For the purposes of this scope, finished products contain, or are comprised of, subject merchandise and have undergone sufficient processing such that they can no longer be considered intermediate products, and such products can be readily differentiated from merchandise subject to this order at the time of importation. Such differentiation may, for example, be shown through marks of special adaptation as a particular product. The following products are illustrative of the type of merchandise that is considered ``finished,'' for the purpose of this scope: I-joists; assembled pallets; cutting boards; assembled picture frames; garage doors. The following items are excluded from the scope of this order: Softwood lumber products certified by the Atlantic Lumber Board as being first produced in the Provinces of Newfoundland and Labrador, Nova Scotia, or Prince Edward Island from logs harvested in Newfoundland and Labrador, Nova Scotia, or Prince Edward Island. U.S.-origin lumber shipped to Canada for processing and imported into the United States if the processing occurring in Canada is limited to one or more of the following: (1) Kiln drying; (2) planing to create smooth-to-size board; or (3) sanding. Box-spring frame kits if they contain the following wooden pieces--two side rails, two end (or top) rails and varying numbers of slats. The side rails and the end rails must be radius- cut at both ends. The kits must be individually packaged and must contain the exact number of wooden components needed to make a particular box-spring frame, with no further processing required. None of the components exceeds 1'' in actual thickness or 83'' in length. Radius-cut box-spring-frame components, not exceeding 1'' in actual thickness or 83'' in length, ready for assembly without further processing. The radius cuts must be present on both ends of the boards and must be substantially cut so as to completely round one corner. Softwood lumber product imports are generally entered under Chapter 44 of the Harmonized Tariff Schedule of the United States (HTSUS). This chapter of the HTSUS covers ``Wood and articles of wood.'' Softwood lumber products that are subject to this order are currently classifiable under the following ten-digit HTSUS subheadings in Chapter 44: 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 4418.99.10.00. Subject merchandise as described above might be identified on entry documentation as stringers, square cut box-spring-frame components, fence pickets, truss components, pallet components, flooring, and door and window frame parts. Items so identified might be entered under the following ten-digit HTSUS subheadings in Chapter 44: 4415.20.40.00; 4415.20.80.00; 4418.99.90.05; 4418.99.90.20; 4418.99.90.40; 4418.99.90.95; 4421.99.70.40; and 4421.99.97.80. Although these HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of this order is dispositive. [FR Doc. 2017-28483 Filed 1-2-18; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 83, No. 2 / Wednesday, January 3, 2018 / Notices 347
Dated: December 21, 2017. (b) European Standards (EN) EN 10305–1, The products subject to the investigation
Gary Taverman, EN 10305–2, EN 10305–4, EN 10305–6 and are currently classified in the Harmonized
Deputy Assistant Secretary for Antidumping European national variations on those Tariff Schedule of the United States (HTSUS)
standards (e.g., British Standard (BS EN), under item numbers: 7304.31.3000,
and Countervailing Duty Operations,
Irish Standard (IS EN) and German Standard 7304.31.6050, 7304.51.1000, 7304.51.5005,
performing the non-exclusive functions and
(DIN EN) variations, etc.); 7304.51.5060, 7306.30.5015, 7306.30.5020,
duties of the Assistant Secretary for
(c) Japanese Industrial Standard (JIS) JIS G 7306.50.5030. Subject merchandise may also
Enforcement and Compliance.
3441 and JIS G 3445; and enter under numbers 7306.30.1000 and
Appendix (6) proprietary standards that are based on 7306.50.1000. The HTSUS subheadings
one of the above-listed standards. above are provided for convenience and
Scope of the Investigation The subject cold-drawn mechanical tubing customs purposes only. The written
The scope of this investigation covers cold- may also be dual or multiple certified to description of the scope of the investigation
drawn mechanical tubing of carbon and alloy more than one standard. Pipe that is multiple is dispositive.
steel (cold-drawn mechanical tubing) of certified as cold-drawn mechanical tubing
[FR Doc. 2017–28405 Filed 1–2–18; 8:45 am]
circular cross-section, 304.8 mm or more in and to other specifications not covered by
length, in actual outside diameters less than this scope, is also covered by the scope of BILLING CODE 3510–DS–P
331mm, and regardless of wall thickness, this investigation when it meets the physical
surface finish, end finish or industry description set forth above.
specification. The subject cold-drawn Steel products included in the scope of this DEPARTMENT OF COMMERCE
mechanical tubing is a tubular product with investigation are products in which: (1) Iron
a circular cross-sectional shape that has been predominates, by weight, over each of the International Trade Administration
cold-drawn or otherwise cold-finished after other contained elements; and (2) the carbon
the initial tube formation in a manner that content is 2 percent or less by weight. [C–122–858]
involves a change in the diameter or wall For purposes of this scope, the place of
thickness of the tubing, or both. The subject cold-drawing determines the country of Certain Softwood Lumber Products
cold-drawn mechanical tubing may be origin of the subject merchandise. Subject From Canada: Amended Final
produced from either welded (e.g., electric merchandise that is subject to minor working Affirmative Countervailing Duty
resistance welded, continuous welded, etc.) in a third country that occurs after drawing Determination and Countervailing Duty
or seamless (e.g., pierced, pilgered or in one of the subject countries including, but Order
extruded, etc.) carbon or alloy steel tubular not limited to, heat treatment, cutting to
products. It may also be heat treated after length, straightening, nondestructive testing, AGENCY: Enforcement and Compliance,
cold working. Such heat treatments may deburring or chamfering, remains within the International Trade Administration,
include, but are not limited to, annealing, scope of this investigation. Department of Commerce.
normalizing, quenching and tempering, stress All products that meet the written physical
relieving or finish annealing. Typical cold- SUMMARY: Based on affirmative final
description are within the scope of this
drawing methods for subject merchandise investigation unless specifically excluded or determinations by the Department of
include, but are not limited to, drawing over covered by the scope of an existing order. Commerce (Commerce) and the
mandrel, rod drawing, plug drawing, sink Merchandise that meets the physical International Trade Commission (ITC),
drawing and similar processes that involve description of cold-drawn mechanical tubing Commerce is issuing a countervailing
reducing the outside diameter of the tubing above is within the scope of the investigation duty order on Certain Softwood Lumber
with a die or similar device, whether or not even if it is also dual or multiple certified to Products (Softwood Lumber) from
controlling the inside diameter of the tubing an otherwise excluded specification listed
with an internal support device such as a Canada. Also, Commerce is amending
below. The following products are outside of, its final countervailing duty
mandrel, rod, plug or similar device. Other and/or specifically excluded from, the scope
cold-finishing operations that may be used to of this investigation:
determination with respect to Softwood
produce subject merchandise include cold- (1) Cold-drawn stainless steel tubing, Lumber from Canada, to correct
rolling and cold-sizing the tubing. containing 10.5 percent or more of chromium ministerial errors.
Subject cold-drawn mechanical tubing is by weight and not more than 1.2 percent of DATES: January 3, 2018.
typically certified to meet industry carbon by weight;
specifications for cold-drawn tubing FOR FURTHER INFORMATION CONTACT:
(2) products certified to one or more of the
including but not limited to: ASTM, ASME or American Petroleum Nicholas Czajkowski and Kristen
(1) American Society for Testing and Institute (API) specifications listed below: Johnson, AD/CVD Operations, Offices I
Materials (ASTM) or American Society of and III, Enforcement and Compliance,
Mechanical Engineers (ASME) specifications • ASTM A–53;
• ASTM A–106; International Trade Administration,
ASTM A–512, ASTM A–513 Type 3 (ASME
SA513 Type 3), ASTM A–513 Type 4 (ASME • ASTM A–179 (ASME SA 179); U.S. Department of Commerce, 1401
SA513 Type 4), ASTM A–513 Type 5 (ASME • ASTM A–192 (ASME SA 192); Constitution Avenue NW, Washington,
SA513 Type 5), ASTM A–513 Type 6 (ASME • ASTM A–209 (ASME SA 209); DC 20230; telephone: 202–482–1395
SA513 Type 6), ASTM A–519 (cold-finished); • ASTM A–210 (ASME SA 210); and (202) 482–4793, respectively.
(2) SAE International (Society of • ASTM A–213 (ASME SA 213);
SUPPLEMENTARY INFORMATION:
Automotive Engineers) specifications SAE • ASTM A–334 (ASME SA 334);
J524, SAE J525, SAE J2833, SAE J2614, SAE • ASTM A–423 (ASME SA 423); Background
J2467, SAE J2435, SAE J2613; • ASTM A–498;
• ASTM A–496 (ASME SA 496); In accordance with sections 705(a),
(3) Aerospace Material Specification (AMS)
AMS T–6736 (AMS 6736), AMS 6371, AMS • ASTM A–199; 705(d), and 777(i)(1) of the Tariff Act of
5050, AMS 5075, AMS 5062, AMS 6360, • ASTM A–500; 1930, as amended (the Act), and 19 CFR
AMS 6361, AMS 6362, AMS 6371, AMS • ASTM A–556; 351.210(c), on November 8, 2017,
6372, AMS 6374, AMS 6381, AMS 6415; • ASTM A–565; Commerce published an affirmative
(4) United States Military Standards (MIL) • API 5L; and final determination in the
sradovich on DSK3GMQ082PROD with NOTICES
MIL–T–5066 and MIL–T–6736; • API 5CT countervailing duty investigation of
(5) foreign standards equivalent to one of except that any cold-drawn tubing product Softwood Lumber from Canada.1
the previously listed ASTM, ASME, SAE, certified to one of the above excluded
AMS or MIL specifications including but not specifications will not be excluded from the 1 See Certain Softwood Lumber Products From
limited to: scope if it is also dual- or multiple-certified Canada: Final Affirmative Countervailing Duty
(a) German Institute for Standardization to any other specification that otherwise Determination, and Final Negative Determination of
(DIN) specifications DIN 2391–2, DIN 2393– would fall within the scope of this Critical Circumstances, 82 FR 51814 (November 8,
2, DIN 2394–2); investigation. 2017) (Final Determination).
VerDate Sep<11>2014 16:13 Jan 02, 2018 Jkt 244001 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\03JAN1.SGM 03JAN1](https://thefederalregister.org/doc/83_FR_349/page/1.svg)
![Federal Register / Vol. 83, No. 2 / Wednesday, January 3, 2018 / Notices 349
Subsidy rate
Company (%)
Resolute FP Canada Inc. and its cross-owned affiliates 16 ................................................................................................................ 14.70
Tolko Marketing and Sales Ltd. and its cross-owned affiliates 17 ....................................................................................................... 14.85
West Fraser Mills Ltd. and its cross-owned affiliates 18 ...................................................................................................................... 17.99
All-Others ............................................................................................................................................................................................. 14.19
14 Commerce has found the following companies to be cross-owned with Canfor Corporation: Canadian Forest Products, Ltd., and Canfor
Wood Products Marketing, Ltd.
15 Commerce has found the following companies to be cross-owned with JDIL: Miramichi Timber Holdings Limited, The New Brunswick Rail-
way Company, Rothesay Paper Holdings Ltd., St. George Pulp & Paper Limited, and Irving Paper Limited.
16 Commerce 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 SEC., and 9192–8515 Quebec Inc.
17 Commerce has found the following companies to be cross-owned with Tolko: Tolko Industries Ltd., and Meadow Lake OSB Limited Partner-
ship.
18 Commerce has found the following companies to be cross-owned with West Fraser: West Fraser Timber Co. Ltd., West Fraser Alberta Hold-
ings, Ltd., Blue Ridge Lumber Inc., Manning Forest Products, Ltd., Sunpine Inc., and Sundre Forest Products Inc.
Provisional Measures planed, whether or not sanded, or whether or be radius-cut at both ends. The kits must be
not finger-jointed, of an actual thickness individually packaged and must contain the
Section 703(d) of the Act states that exceeding six millimeters. exact number of wooden components needed
the suspension of liquidation pursuant • Coniferous wood siding, flooring, and to make a particular box-spring frame, with
to an affirmative preliminary other coniferous wood (other than moldings no further processing required. None of the
countervailing duty determination may and dowel rods), including strips and friezes components exceeds 1″ in actual thickness or
not remain in effect for more than four for parquet flooring, that is continuously 83″ in length.
months. In the underlying investigation, shaped (including, but not limited to, • Radius-cut box-spring-frame
Commerce published the Preliminary tongued, grooved, rebated, chamfered, V- components, not exceeding 1″ in actual
jointed, beaded, molded, rounded) along any thickness or 83″ in length, ready for assembly
Determination on April 28, 2017. of its edges, ends, or faces, whether or not without further processing. The radius cuts
Therefore, the four-month period planed, whether or not sanded, or whether or must be present on both ends of the boards
beginning on the date of the publication not end-jointed. and must be substantially cut so as to
of the Preliminary Determination ended • Coniferous drilled and notched lumber completely round one corner.
on August 26, 2017. Furthermore, and angle cut lumber. Softwood lumber product imports are
section 707(b) of the Act states that • Coniferous lumber stacked on edge and generally entered under Chapter 44 of the
definitive duties are to begin on the date fastened together with nails, whether or not Harmonized Tariff Schedule of the United
of publication of the ITC’s final injury with plywood sheathing. States (HTSUS). This chapter of the HTSUS
• Components or parts of semi-finished or covers ‘‘Wood and articles of wood.’’
determination. Therefore, in accordance unassembled finished products made from
with section 703(d) of the Act and our Softwood lumber products that are subject to
subject merchandise that would otherwise this order are currently classifiable under the
practice, we instructed CBP to terminate meet the definition of the scope above. following ten-digit HTSUS subheadings in
the suspension of liquidation and to Finished products are not covered by the Chapter 44: 4407.10.01.01; 4407.10.01.02;
liquidate, without regard to duties, scope of this order. For the purposes of this 4407.10.01.15; 4407.10.01.16; 4407.10.01.17;
unliquidated entries of Softwood scope, finished products contain, or are 4407.10.01.18; 4407.10.01.19; 4407.10.01.20;
Lumber from Canada made on or after comprised of, subject merchandise and have 4407.10.01.42; 4407.10.01.43; 4407.10.01.44;
August 26, 2017. Suspension of undergone sufficient processing such that 4407.10.01.45; 4407.10.01.46; 4407.10.01.47;
they can no longer be considered 4407.10.01.48; 4407.10.01.49; 4407.10.01.52;
liquidation will resume on the date of
intermediate products, and such products 4407.10.01.53; 4407.10.01.54; 4407.10.01.55;
publication of the ITC’s final can be readily differentiated from
determination in the Federal Register. 4407.10.01.56; 4407.10.01.57; 4407.10.01.58;
merchandise subject to this order at the time 4407.10.01.59; 4407.10.01.64; 4407.10.01.65;
Notification to Interested Parties of importation. Such differentiation may, for 4407.10.01.66; 4407.10.01.67; 4407.10.01.68;
example, be shown through marks of special 4407.10.01.69; 4407.10.01.74; 4407.10.01.75;
This notice constitutes the adaptation as a particular product. The 4407.10.01.76; 4407.10.01.77; 4407.10.01.82;
countervailing duty order with respect following products are illustrative of the type 4407.10.01.83; 4407.10.01.92; 4407.10.01.93;
to Softwood Lumber from Canada, of merchandise that is considered ‘‘finished,’’ 4409.10.05.00; 4409.10.10.20; 4409.10.10.40;
pursuant to section 706(a) of the Act. for the purpose of this scope: I-joists; 4409.10.10.60; 4409.10.10.80; 4409.10.20.00;
Interested parties may find an updated assembled pallets; cutting boards; assembled 4409.10.90.20; 4409.10.90.40; and
list of CVD orders currently in effect at picture frames; garage doors. 4418.99.10.00.
The following items are excluded from the Subject merchandise as described above
http://enforcement.trade.gov/stats/ scope of this order:
iastats1.html. might be identified on entry documentation
• Softwood lumber products certified by as stringers, square cut box-spring-frame
This order is issued and published in the Atlantic Lumber Board as being first components, fence pickets, truss
accordance with section 706(a) of the produced in the Provinces of Newfoundland components, pallet components, flooring,
Act and 19 CFR 351.211(b). and Labrador, Nova Scotia, or Prince Edward and door and window frame parts. Items so
Dated: December 28, 2017. Island from logs harvested in Newfoundland identified might be entered under the
and Labrador, Nova Scotia, or Prince Edward following ten-digit HTSUS subheadings in
P. Lee Smith, Island. Chapter 44: 4415.20.40.00; 4415.20.80.00;
Deputy Assistant Secretary for Policy and • U.S.-origin lumber shipped to Canada for 4418.99.90.05; 4418.99.90.20; 4418.99.90.40;
Negotiations. processing and imported into the United
sradovich on DSK3GMQ082PROD with NOTICES
4418.99.90.95; 4421.99.70.40; and
States if the processing occurring in Canada
Appendix I—Scope of the Order is limited to one or more of the following: (1)
4421.99.97.80.
Although these HTSUS subheadings are
The merchandise covered by this order is Kiln drying; (2) planing to create smooth-to-
provided for convenience and customs
softwood lumber, siding, flooring and certain size board; or (3) sanding.
purposes, the written description of the
other coniferous wood (softwood lumber • Box-spring frame kits if they contain the
scope of this order is dispositive.
products). The scope includes: following wooden pieces—two side rails, two
• Coniferous wood, sawn, or chipped end (or top) rails and varying numbers of [FR Doc. 2017–28483 Filed 1–2–18; 8:45 am]
lengthwise, sliced or peeled, whether or not slats. The side rails and the end rails must BILLING CODE 3510–DS–P
VerDate Sep<11>2014 16:13 Jan 02, 2018 Jkt 244001 PO 00000 Frm 00008 Fmt 4703 Sfmt 9990 E:\FR\FM\03JAN1.SGM 03JAN1](https://thefederalregister.org/doc/83_FR_349/page/3.svg)
Document Created: 2018-10-26 09:26:52
Document Modified: 2018-10-26 09:26:52
| 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 | January 3, 2018. | |
| Contact | Nicholas Czajkowski and Kristen Johnson, 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: 202-482-1395 and (202) 482-4793, respectively. | |
| FR Citation | 83 FR 347 |
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