Certain Softwood Lumber Products From Canada: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2020
The U.S. Department of Commerce (Commerce) determines that producers and/or exporters subject to this administrative review made sales of subject merchandise at less than normal...
Enforcement and Compliance, International Trade Administration, Department of Commerce.
SUMMARY:
The U.S. Department of Commerce (Commerce) determines that producers and/or exporters subject to this administrative review made sales of subject merchandise at less than normal value during the period of review (POR), January 1, 2020, through December 31, 2020.
DATES:
Applicable August 9, 2022.
FOR FURTHER INFORMATION CONTACT:
Jeff Pedersen (Canfor) or Maisha Cryor (West Fraser), 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) 482-2769 or (202) 482-5831, respectively.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the
Preliminary Results
on February 4, 2022.[1]
This review covers 275 producers/exporters of subject merchandise, including two mandatory respondents, Canfor [2]
and West Fraser.[3]
For events subsequent to the
Preliminary Results, see
the Issues and Decision Memorandum.[4]
The final weighted-average dumping margins are listed below in the “Final Results of Review” section of this notice. Commerce conducted this administrative review in accordance with section 751(a) of the Tariff Act of 1930, as amended (the Act).
Scope of the Order
The product covered by this review is softwood lumber from Canada. For a full description of the scope,
see
the Issues and Decision Memorandum.
Analysis of Comments Received
All issues raised in the case briefs filed in this administrative review are addressed in the Issues and Decision Memorandum. A list of the topics discussed in the Issues and Decision Memorandum is included in Appendix I of this notice. The Issues and Decision Memorandum is a public document and is available electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Services System (ACCESS). ACCESS is available to registered users at
http://access.trade.gov.
In addition, a complete version of the Issues and Decision Memorandum is also accessible on the internet at
https://access.trade.gov/public/FRNoticesListLayout.aspx.
Final Determination of No Shipments
Based on the comments received, we find that Careau Bois, Inc. had no
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shipments.[5]
We will issue appropriate instructions to U.S. Customs and Border Protection (CBP) based on these final results.
Changes Since the Preliminary Results
Based on our review of the record and comments received from interested parties, we made the following changes to the
Preliminary Results:
Identified Comox Valley Shakes (2019) Ltd. as a non-selected company under review; [6]
For West Fraser, corrected an error with how we calculated the byproduct offset; and
Made a determination that Careau Bois, Inc. had no shipments.
Final Results of Review
As a result of this administrative review, we are assigning the following weighted-average dumping margins to the manufacturers/exporters listed below for the POR, January 1, 2020, through December 31, 2020:
West Fraser Mills Ltd., Blue Ridge Lumber Inc./Manning Forest Products Ltd./and Sundre Forest Products Inc
4.63
Non-Selected Companies 7
4.76
Assessment Rates
Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 351.212(b)(1), Commerce shall determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries of subject merchandise in accordance with the final results of this review.
We intend to calculate importer- (or customer-) specific assessment rates on the basis of the ratio of the total amount of antidumping duties calculated for each importer (or customer's) examined sales and the total entered value of the sales in accordance with 19 CFR 351.212(b)(1). Where an importer- (or customer-) specific rate is zero or
de minimis
within the meaning of 19 CFR 351.106(c)(1), we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties.
Generally, when calculating margins for non-selected respondents, Commerce looks to section 735(c)(5) of the Act for guidance, which provides instructions for calculating the all-others rate in an investigation. Section 735(c)(5)(A) of the Act provides that when calculating the all-others rate, Commerce will exclude any zero and
de minimis
weighted-average dumping margins, as well as any weighted-average dumping margins based on total facts available. Accordingly, Commerce's usual practice has been to average the margins for selected respondents, excluding margins that are zero,
de minimis,
or based entirely on facts available.
In this review, we calculated a weighted-average dumping margin of 4.92 percent for Canfor and 4.63 percent for West Fraser. In accordance with section 735(c)(5)(A) of the Act, Commerce assigned the weighted-average of these two calculated weighted-average dumping margins to the non-selected companies in these final results, based on their publicly ranged sales data.[8]
Accordingly, we have applied a rate of 4.76 percent to the non-selected companies.[9]
A list of all non-selected companies is included in Appendix II.
Commerce's “reseller policy” will apply to entries of subject merchandise during the POR produced by companies included in these final results of review for which the reviewed companies did not know that the merchandise they sold to the intermediary (
e.g.,
a reseller, trading company, or exporter) was destined for the United States. In such instances, we will instruct CBP to liquidate unreviewed entries at the all-others rate if there is no rate for the intermediate company(ies) involved in the transaction.[10]
The final results of this administrative review shall be the basis for the assessment of antidumping duties on entries of merchandise under review and for future cash deposits of estimated duties, where applicable. Commerce intends to issue assessment instructions to CBP no earlier than 41 days after the date of publication of the final results of this review in the
Federal Register
, in accordance with 19 CFR 356.8(a).
Cash Deposit Requirements
The following cash deposit requirements will be effective for all shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date of these final results, as provided by section 751(a)(2)(C) of the Act: (1) the cash deposit rate for the companies under review will be equal to the weighted-average dumping margin listed above in the “Final Results of Review” section; (2) for merchandise exported by producers or exporters not covered in this review but covered in a previously completed segment of this proceeding, the cash deposit rate will continue to be the company-specific rate published in the final results for the most recent period in which that producer or exporter participated; (3) if the exporter is not a firm covered in this review or in any previous segment of this proceeding, but the producer is, then the cash deposit rate will be that established for the producer of the merchandise in these final results of review or in the final results for the most recent period in which that producer participated; and (4) if neither the exporter nor the producer is a firm covered in this review or in any previously completed segment of this proceeding, then the cash deposit rate will be 6.58 percent
ad valorem,
the all-others rate established in the less than fair value investigation.[11]
These cash deposit requirements, when imposed, shall remain in effect until further notice.
Notification to Importers
This notice serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this POR. Failure to comply with this requirement could result in Commerce's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of doubled antidumping duties.
Notification Regarding Administrative Protective Order
This notice is the only reminder to parties subject to the administrative protective order (APO) of their responsibility concerning the return or
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destruction of proprietary information disclosed under the APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return or destruction of APO materials, or conversion to judicial protective order, is hereby requested. Failure to comply with the regulations and the terms of an APO is a violation subject to sanction.
Notification to Interested Parties
We are issuing and publishing these final results and this notice in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(h).
Dated: August 3, 2022.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations.
Appendix I
List of Topics Discussed in the Issues and Decision Memorandum
Comment 2: Whether Commerce's Application of the Cohen's
d
Test is Contrary to Law
Comment 3: Whether Commerce Failed to Consider Qualitative Factors in Determining Whether Price Differences Were Significant in Differential Pricing Analysis
Comment 4: Whether Commerce Erred in Finding a Pattern of U.S. Prices that Differ Significantly Among Purchasers, Regions, or Periods of Time
Comment 5: Whether the Average-to-Average (A-to-A) Methodology Accounts for the Identified Price Differences in Applying the “Meaningful Difference” Test
Comment 6: Zeroing
Comment 7: The Cohen's
d
and Ratio Test
Comment 8: Whether Commerce's Simple Average of Variances is Appropriate
Comment 9: Whether to Update J.D. Irving's Cash Deposit Rate
Comment 10: Whether it was Proper not to Select Respondents based on Sampling
Comment 11: Whether it was Proper not to have Adjusted U.S. Price by Countervailing Duties (CVD)
Comment 12: Whether to Correct the Names of Certain Companies under Review
Comment 13: Whether Commerce Should Include Restructuring and Impairment Costs in the Calculation of West Fraser's General & Administrative (G&A) Expense Ratio
Comment 14: Whether Commerce Should Make Certain Revisions to West Fraser's Byproduct Offset Calculation
Comment 15: Whether Commerce Should Rescind this Administrative Review for Companies with No Suspended Entries in the U.S. Customs and Border Protection (CBP) Data
Comment 16: Whether Commerce Used the Proper Market Price for Canfor's Wood Chip Sales
Comment 17: Whether the Costs Associated with Canfor's Mill Closures Should Be Excluded from the Mill Specific Cost of Production
Comment 18: Whether the Cost for Electricity Should be Based on Electricity Prices in Alberta Alone
Comment 19: Whether Commerce Should Adjust the Reported Cost of Electricity at the PG Sawmill
2.
As described in the
Preliminary Results
PDM, we have treated Canfor Corporation, Canadian Forest Products Ltd., and Canfor Wood Products Marketing Ltd. (collectively, Canfor) as a single entity.
See Preliminary Results
PDM.
3.
As described in the
Preliminary Results
PDM, we have treated West Fraser Mills Ltd., Blue Ridge Lumber Inc., Manning Forest Products Ltd., and Sundre Forest Products Inc. (collectively, West Fraser) as a single entity.
See Preliminary Results
PDM at 6-7.
4.
See
Memorandum, “Issues and Decision Memorandum for the Final Results of the 2020 Administrative Review of the Antidumping Duty Order on Certain Softwood Lumber Products from Canada,” dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum).
6.
Despite parties requesting a review of Comox Valley Shakes (2019) Ltd., we failed to list Comox Valley Shakes (2019) Ltd. in the
Initiation Notice.
However, we included Comox Valley Shakes (2019) Ltd. in a subsequent initiation notice.
See Initiation of Antidumping and Countervailing Duty Administrative Reviews; Amendment of Notice,87 FR 43242 (July 20, 2022).
8.
See
Memorandum, “Calculation of the Rate for Non-Selected Respondents,” dated concurrently with this notice. A list of the non-selected companies under review is included as Appendix II.
10.
For a full discussion of this practice,
see Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties,68 FR 23954 (May 6, 2003).
11.
See Certain Softwood Lumber Products from Canada: Final Affirmative Determination of Sales at Less Than Fair Value and Affirmative Final Determination of Critical Circumstances,82 FR 51806 (November 8, 2017).
14.
We have reformatted the name Les Palettes B.B.Inc. (aka B.B. Pallets Inc.) stated in the
Initiation Notice. See Initiation of Antidumping and Countervailing Duty Administrative Reviews,86 FR 12599 (March 4, 2021)(
Initiation Notice).
19.
In the
Initiation Notice,
we included the company name “Chaleur Sawmills LP.”
See Initiation Notice. Subsequently, we determined that the successor-in-interest to Chaleur Sawmills LP is Chaleur Forest Products LP.
See Certain Softwood Lumber Products from Canada: Notice of Initiation and Preliminary Results of Antidumping Duty Changed Circumstances Review,86 FR 22934 (April 30, 2021), and accompanying Preliminary Decision Memorandum, unchanged in
Certain Softwood Lumber Products from Canada: Notice of Final Results of Antidumping Duty Changed Circumstances Review,86 FR 33222 (June 24, 2021) (
Chaleur CCR). We intend to liquidate all entries by Chaleur Sawmills LP based on the final results, but revise the cash deposit rate to apply to Chaleur Forest Products LP.
20.
In the
Initiation Notice,
we included the company name “Fornebu Lumber Company Inc.”
See Initiation Notice
at 86 FR 12602. On February 11, 2021, Fornebu Lumber Company Inc. stated that it had incorrectly identified itself as Fornebu Lumber Co. Ltd. but that they are the same company.
See
Fornebu Lumber Company Inc. Letter, “Clarification of Company Name of Fornebu Lumber Company Inc.,” dated February 11. 2021. Subsequently, we determined that the successor-in-interest to Fornebu Lumber Co. Ltd. (and Fornebu Lumber Company Inc.) is Chaleur Forest Products Inc.
See Chaleur CCR. We intend to liquidate all entries by Fornebu Lumber Company Inc. based on the final results, but revise the cash deposit rate to apply to Chaleur Forest Products Inc.
22.
On August 26, 2021 Commerce published the final results of a changed circumstances review determining that CHAP Alliance, Inc. (CHAP) is the successor-in-interest to L'Atelier de Réadaptation au Travil de Beauce Inc. (L'Atelier).
See Certain Softwood Lumber Products From Canada: Notice of Final Results of Antidumping Duty Changed Circumstances Review,86 FR 47621 (August 26, 2021). We intend to liquidate all entries by L'Atelier based on the final results, but revise the cash deposit rate to apply to CHAP.
25.
On April 15, 2021 we deactivated the case number for Olympic Industries Inc-Reman Codes in the ACE customs portal but directed CBP that all entries by Olympic Industries Inc. regardless of whether they have a suffix of “Reman Codes”, should be entered as an entry by Olympic Industries Inc.
26.
On April 15, 2021 we deactivated Olympic Industries Inc-Reman Codes in the ACE customs portal but directed CBP that all entries by Olympic Industries Inc. regardless of whether they have a suffix of “Reman” or “Reman Code,” should be entered as an entry by Olympic Industries ULC.
27.
On April 15, 2021 we deactivated Olympic Industries Inc-Reman Codes in the ACE customs portal but directed CBP that all entries by Olympic Industries Inc. regardless of whether they have a suffix of “Reman” or “Reman Code,” should be entered as an entry by Olympic Industries ULC.
Use this for formal legal and research references to the published document.
87 FR 48465
Web Citation
Suggested Web Citation
Use this when citing the archival web version of the document.
“Certain Softwood Lumber Products From Canada: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2020,” thefederalregister.org (August 9, 2022), https://thefederalregister.org/documents/2022-17065/certain-softwood-lumber-products-from-canada-final-results-of-antidumping-duty-administrative-review-and-final-determina.