Certain Softwood Lumber Products From Canada: Amended Final Results of Antidumping Duty Administrative Review in Part; 2021
The U.S. Department of Commerce (Commerce) is amending the final results of the administrative review of the antidumping duty (AD) order on certain softwood lumber products (sof...
Enforcement and Compliance, International Trade Administration, Department of Commerce.
SUMMARY:
The U.S. Department of Commerce (Commerce) is amending the final results of the administrative review of the antidumping duty (AD) order on certain softwood lumber products (softwood lumber) from Canada to correct certain ministerial errors. The period of review (POR) is January 1, 2021, through December 31, 2021.
DATES:
Applicable September 7, 2023.
FOR FURTHER INFORMATION CONTACT:
Maisha Cryor, 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) 482-5831.
SUPPLEMENTARY INFORMATION:
Background
On August 1, 2023, Commerce published in the
Federal Register
the
Final Results
of the administrative review of the AD order on softwood lumber from Canada for the POR.[1]
On August 2, 2023, we received a timely submitted ministerial error allegation from the Committee Overseeing Action for Lumber International Trade Investigations or Negotiations (the petitioner).[2]
We are amending the
Final Results
to correct the ministerial error raised by the petitioner.
Legal Framework
Section 751(h) of the Tariff Act of 1930, as amended (the Act), defines a “ministerial error” as including “errors in addition, subtraction, or other arithmetic function, clerical errors resulting from inaccurate copying, duplication, or the like, and any other unintentional error which the administering authority considers ministerial.” [3]
With respect to final results of administrative reviews, 19 CFR 351.224(e) provides that Commerce “will analyze any comments received and, if appropriate, correct any . . . ministerial error by amending the final results of review. . . .”
Ministerial Errors
In the
Final Results,
we made certain revisions to our preliminary results calculations for mandatory respondent West Fraser Mills Ltd. (West Fraser), including adjustments to West Fraser's general and administrative (G&A) expense ratio.[4]
In its ministerial error comments, the petitioner alleged that, in revising West Fraser's G&A expense ratio, Commerce failed to adjust West Fraser's G&A expense ratio in the manner in which it had claimed it did the
Final Results,
(
i.e.,
failed to calculate producer specific G&A expense ratios within the collapsed entity and then apply the ratios to each company's respective cost of manufacturing for the individual producers within the collapsed entity).[5]
The petitioner also alleged that the dumping margin assigned to the non-selected companies needed to be revised because of the aforementioned ministerial error.[6]
We agree with the petitioner that we made a ministerial error in the
Final Results,
pursuant to section 751(h) of the Act and 19 CFR 351.224(f), and have amended our calculations to correct West Fraser's G&A expense ratio and revised our calculation of the dumping margin for the non-selected companies.[7]
Pursuant to 19 CFR 351.224(e), we are amending the
Final Results
to correct this ministerial error in the calculation of the weighted-average dumping margin for West Fraser, which changes from 6.96 percent to 7.06 percent.[8]
Furthermore, we are also amending the rate for the companies not selected for individual examination in this review based on the weighted-average dumping margins calculated for the mandatory respondents,[9]
which changes from 6.20 percent to 6.26 percent.[10]
For a complete discussion of the ministerial error allegation, as well as Commerce's analysis,
see
the accompanying Ministerial Error Memorandum.[11]
The Ministerial Error Memorandum is a public document and is on file electronically via ACCESS. ACCESS is available to registered users at
https://access.trade.gov.
Amended Final Results of Review
As a result of correcting the ministerial errors described above, we determine the following weighted-average dumping margins for the period January 1, 2021, through December 31, 2021:
Exporter or producer
Weighted-average dumping margin
(percent)
West Fraser Mills, Ltd
7.06
Companies Not Selected for Individual Review 12
6.26
Disclosure
We intend to disclose the calculations performed in connection with these amended final results of review to parties in this review within five days of the date of publication of this notice in the
Federal Register
, in accordance with 19 CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act, and 19 CFR 351.212(b)(1), Commerce has determined, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries of subject merchandise in accordance with the amended 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
( printed page 61512)
of antidumping duties calculated for each importer's (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.
For the companies not selected for individual review, we used an assessment rate based on the weighted average dumping margins of the mandatory respondents, based on their publicly ranged sales data.[13]
The amended final results of this review shall be the basis for the assessment of antidumping duties on entries of merchandise covered by the amended final results of this review and for the future deposits of estimated duties where applicable.[14]
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.[15]
Commerce intends to issue assessment instructions to CBP no earlier than 41 days after the date of publication of the amended final results of this review in the
Federal Register
in accordance with 19 CFR 356.8(a). If a timely summons is filed at the U.S. Court of International Trade, the assessment instructions will direct CBP not to liquidate relevant entries until the time for parties to file a request for a statutory injunction has expired (
i.e.,
within 90 days of publication).
Cash Deposit Requirements
The following amended cash deposit requirements will be effective for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after August 1, 2023, the publication date of the
Final Results,
as provided by section 751(a)(2)(C) of the Act: (1) the amended cash deposit rate for the companies listed above will be equal to the weighted-average dumping margin established in these amended final results of review; (2) for merchandise exported by producers or exporters not covered in this review but covered in a prior completed segment of the proceeding, the cash deposit rate will continue to be the company-specific rate published in the completed segment for the most recent period; (3) if the exporter is not a firm covered in this review, a prior review, or the original investigation but the producer has been covered in a prior completed segment of this proceeding, then the cash deposit rate will be the rate established in the completed segment for the most recent period for the producer of the merchandise; and (4) the cash deposit rate for all other manufacturers or exporters will continue to be 6.58 percent
ad valorem,
the all-others rate established in the less-than-fair-value investigation.[16]
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 review period. Failure to comply with this requirement could result in Commerce's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties.
Notice Regarding Administrative Protective Order
This notice serves as the only reminder to parties subject to administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under 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 return/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 sanctionable violation.
Notification to Interested Parties
We are issuing and publishing these amended final results of review in accordance with sections 751(h) and 777(i) of the Act and 19 CFR 351.224(e).
Dated: August 30, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
262. Tolko Industries Ltd.; Tolko Marketing and Sales Ltd.; Gilbert Smith Forest Products Ltd.
263. Top Quality Lumber Ltd.
264. Trans-Pacific Trading Ltd.
265. Triad Forest Products Ltd.
266. Twin Rivers Paper Co. Inc.
267. Tyee Timber Products Ltd.
268. Usine Sartigan Inc.
269. Vaagen Fibre Canada ULC
270. Valley Cedar 2 Inc.
271. Vancouver Specialty Cedar Products Ltd.
272. Vanderhoof Specialty Wood Products Ltd.
273. Visscher Lumber Inc.
274. W.I. Woodtone Industries Inc.
275. Waldun Forest Product Sales Ltd.
276. Watkins Sawmills Ltd.
277. West Bay Forest Products Ltd.
278. Western Forest Products Inc.
279. Western Lumber Sales Limited
280. Western Timber Products, Inc.
281. Westminster Industries Ltd.
282. Weston Forest Products Inc.
283. Weyerhaeuser Co.
284. White River Forest Products L.P.
285. Winton Homes Ltd.
286. Woodline Forest Products Ltd.
287. Woodstock Forest Products
288. Woodtone Specialties Inc.
289. WWW Timber Products Ltd.
Footnotes
1.
See Certain Softwood Lumber Products from Canada: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments,88 FR 50106 (August 1, 2023) (
Final Results), and accompanying Issues and Decision Memorandum (IDM).
13.
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 I.
15.
For a full discussion of this practice,
see Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties,68 FR 23954 (May 6, 2003).
16.
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).
17.
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.
18.
In the previous review, in the ACE module Interfor Corporation and Interfor Sales & Marketing Ltd. were set up with different company numbers,
i.e.,
A-122-857-118 and A-122-857-299. In the instant review, Interfor Corporation and Interfor Sales & Marketing Ltd. have stated that both Interfor Corporation and Interfor Sales & Marketing export lumber produced by Interfor Corporation.
See
Interfor Corporation and Interfor Sales & Marketing Ltd.'s Letter, “Comments in Response to Commerce's Request for Clarification of the Review Requests,” dated February 14, 2022. Therefore, for the final results, we will combine both company names under one company number.
19.
See
Scott Lumber Sales Letter, “Requests for Clarifications of Review Requests,” dated February 10, 2022, in which Scott Lumber Sales confirmed that its complete name is Scott Lumber Sales Ltd.
20.
Patrick Lumber submitted information that South Coast Reman Ltd. and Southcoast Millwork Ltd. are the same company.
See
Patrick Lumber's Letter, “Patrick Lumber Company Response to Request for Clarification of Review Request,” dated February 14, 2022;
see also
Patrick Lumber's Letter, “Company Request for Administrative Review (1/1/2021-12/31/2021),” dated January 31, 2022. We have added Southcoast Millwork Ltd. to the ACE module for case number A-122-857-322.