Certain Softwood Lumber Products From Canada: Preliminary Results of the Administrative Review; 2023
The U.S. Department of Commerce (Commerce) is conducting an administrative review of the antidumping duty order on certain softwood lumber products (softwood lumber) from Canada...
Enforcement and Compliance, International Trade Administration, Department of Commerce.
SUMMARY:
The U.S. Department of Commerce (Commerce) is conducting an administrative review of the antidumping duty order on certain softwood lumber products (softwood lumber) from Canada. The period of review (POR) is January 1, 2023, through December 31, 2023. Commerce preliminarily determines that the producers/exporters subject to this review made sales of subject merchandise at less than normal value.
DATES:
Applicable March 5, 2025.
FOR FURTHER INFORMATION CONTACT:
Jeff Pedersen (Canfor) and 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 and (202) 482-5831, respectively.
SUPPLEMENTARY INFORMATION:
Background
On January 3, 2018, Commerce published in the
Federal Register
the antidumping duty order on softwood lumber from Canada.[1]
On March 5, 2024, based on timely requests for administrative reviews, Commerce initiated an administrative review covering 309 companies and has not rescinded the review of any of these companies.[2]
Thus, the review covers 309 producers/exporters of the subject merchandise, including mandatory respondents Canfor [3]
and West Fraser, as identified in Appendix II of this notice.[4]
On July 22, 2024, Commerce tolled certain deadlines in this administrative proceeding by seven days.[5]
On September 6, 2024, we extended the deadline to issue these preliminary results by 120 days.[6]
On December 9, 2024, Commerce tolled certain deadlines in this administrative proceeding by 90 days.[7]
The current deadline for the preliminary results is May 7, 2025.[8]
Scope of the Order
The product covered by this
Order
is softwood lumber from Canada. For a full description of the scope,
see
the Preliminary Decision Memorandum.[9]
Methodology
Commerce is conducting this review in accordance with section 751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). For a full description of the methodology underlying our conclusions,
see
the Preliminary Decision Memorandum. A list of the topics discussed in the Preliminary Decision Memorandum is included as Appendix I to this notice. The Preliminary Decision Memorandum is a public document and is made available to the public via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at
https://access.trade.gov.
In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at
https://access.trade.gov/public/FRNoticesListLayout.aspx.
Rate for Non-Individually Examined Companies
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 a less-than-fair-value (LTVF) 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 entirely on facts available. Accordingly, Commerce's 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 34.61 percent for Canfor and 9.48 percent for West Fraser. In accordance with section 735(c)(5)(A) of the Act, Commerce has preliminarily assigned the weighted-average of these two calculated weighted-average dumping margins based on their publicly ranged sales data, 20.07 percent, to the non-selected companies.[10]
Preliminary Results of Review
We preliminarily determine that the following estimated weighted-average dumping margins exist for the period January 1, 2023, through December 31, 2023:
( printed page 11260)
Exporter/producer
Weighted-average
dumping margin
(percent)
Canfor Corporation/Canadian Forest Products Ltd./Canfor Wood Products Marketing Ltd./Canfor Fox Creek Ltd./Canfor Whitecourt Ltd
Commerce intends to disclose its calculations and analysis performed to interested parties in these preliminary results within five days of any public announcement or, if there is no public announcement, within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b).
Public Comment
Pursuant to 19 CFR 351.309(c), interested parties may submit case briefs to the Assistant Secretary for Enforcement and Compliance not later than 21 days after the date of publication of this notice, unless Commerce alters the time limit. Rebuttal briefs, limited to issues raised in the case briefs, may be filed not later than five days after the date for filing case briefs.[11]
Interested parties who submit case or rebuttal briefs in this proceeding must submit: (1) a table of contents listing each issue; and (2) a table of authorities.[12]
As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior proceedings we have encouraged interested parties to provide an executive summary of their brief that should be limited to five pages total, including footnotes. In this administrative review, we instead request that interested parties provide at the beginning of their briefs a public, executive summary for each issue raised in their briefs.[13]
Further, we request that interested parties limit their executive summary of each issue to no more than 450 words, not including citations. We intend to use the executive summaries as the basis of the comment summaries included in the issues and decision memorandum that will accompany the final results in this administrative review. We request that interested parties include footnotes for relevant citations in the executive summary of each issue. Note that Commerce has amended certain of its requirements pertaining to the service of documents in 19 CFR 351.303(f).[14]
Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, must submit a written request to the Assistant Secretary for Enforcement and Compliance, filed electronically via ACCESS. An electronically filed document must be received successfully in its entirety via ACCESS by 5:00 p.m. Eastern Time within 30 days after the date of publication of this notice.[15]
Requests should contain: (1) the party's name, address, and telephone number; (2) the number of participants; and (3) a list of issues to be discussed. Issues raised in the hearing will be limited to those raised in the respective case briefs. Commerce intends to issue the final results of this administrative review, including the results of its analysis of the issues raised in any written briefs, not later than 120 days after the date of publication of these preliminary results in the
Federal Register
, pursuant to section 751(a)(3)(A) of the Act, unless extended.
Assessment Rate
Upon issuance of the final results, Commerce will determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries covered by this review.[16]
If a respondent's weighted-average dumping margin is above
de minimis
in the final results of this review, we will calculate an importer-specific assessment rate based on the ratio of the total amount of dumping calculated for each importer's examined sales and the total entered value of the sales in accordance with 19 CFR 351.212(b)(1).[17]
If a respondent's weighted-average dumping margin or an importer-specific assessment rate is zero or
de minimis
in the final results of review, we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties in accordance with the
Final Modification for Reviews.[18]
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 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). 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 statutory injunction has expired (
i.e.,
within 90 days of publication).
Cash Deposit Requirements
The following cash deposit requirements for estimated antidumping duties will be effective upon publication of the notice of final results of this review for all shipments of softwood lumber from Canada entered, or withdrawn from warehouse, for consumption on or after the date of publication as provided by section 751(a)(2)(C) of the Act: (1) the cash deposit rate for companies subject to this review will be equal to the dumping margin established in the final results of the review; (2) for merchandise exported by companies not covered in this review but covered in a prior segment of this proceeding, the cash deposit rate will continue to be the company-specific rate published for the most recent period; (3) if the exporter is not a firm covered in this review, a prior review, or the less-than-fair-value (LTFV) investigation but the producer is, the cash deposit rate will be the rate established for the most recently completed segment for the producer of the merchandise; (4) the cash deposit rate for all other producers or exporters will continue to be the 6.04 percent, the all-others rate established
( printed page 11261)
in the LTFV investigation.[19]
These cash deposit requirements, when imposed, shall remain in effect until further notice.
Notification to Importers
This notice serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties and/or countervailing duties prior to liquidation of the relevant entries during this period of review. Failure to comply with this requirement could result in Commerce's presumption that reimbursement of antidumping duties and/or countervailing duties occurred and the subsequent assessment of double antidumping duties, and/or an increase in the amount of antidumping duties by the amount of the countervailing duties.
Notification to Interested Parties
Commerce is issuing and publishing these preliminary results in accordance with sections 751(a)(1) and 777(i) of the Act, and 19 CFR 351.221(b)(4).
Dated: February 27, 2025.
Christopher Abbott,
Deputy Assistant Secretary for Policy and Negotiations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance.
Appendix I—List of Topics Discussed in the Preliminary Decision Memorandum
274. Temrex Forest Products LP; Produits Forestiers Temrex SEC.
275. Tenryu Canada Corporation
276. Terminal Forest Products Ltd.
277. The Wood Source Inc.
278. Tolko Industries Ltd.; Tolko Marketing and Sales Ltd.; Gilbert Smith Forest Products Ltd.
279. Top Quality Lumber Ltd.
280. Trans-Pacific Trading Ltd.
281. Triad Forest Products Ltd.
282. Twin Rivers Paper Co. Inc.
283. Tyee Timber Products Ltd.
284. Universal Lumber Sales Ltd.
285. Usine Sartigan Inc.
286. Vaagen Fibre Canada ULC
287. Valley Cedar 2 Inc.
288. Vancouver Specialty Cedar Products Ltd.
289. Vanderhoof Specialty Wood Products Ltd.
290. Vanderwell Contractors (1971) Ltd.
291. Visscher Lumber Inc.
292. W.I. Woodtone Industries Inc.
293. Waldun Forest Product Sales Ltd.
294. Watkins Sawmills Ltd.
295. West Bay Forest Products Ltd.
296. West Coast Panel Cutters
297. Western Forest Products Inc.
298. Western Lumber Sales Limited
299. Western Timber Products, Inc.
300. Westminster Industries Ltd.
301. Weston Forest Products Inc.
302. Westrend Exteriors Inc.
303. Weyerhaeuser Co.
304. White River Forest Products L.P.
305. Winton Homes Ltd.
306. Woodline Forest Products Ltd.
307. Woodstock Forest Products
308. Woodtone Specialties Inc.
309. WWW Timber Products Ltd.
Footnotes
1.
See Certain Softwood Lumber Products from Canada: Antidumping Duty Order and Partial Amended Final Determination,83 FR 350 (January 3, 2018) (
Order).
3.
As described in the Preliminary Decision Memorandum, we have treated Canfor Corporation, Canadian Forest Products Ltd., Canfor Wood Products Marketing Ltd., Canfor Fox Creek Ltd., and Canfor Whitecourt Ltd. (collectively, Canfor) as a single entity.
See
Memorandum, “Decision Memorandum for Preliminary Results of the Antidumping Duty Administrative Review of Certain Softwood Lumber Products from Canada; 2023,” dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum), at 5-6.
4.
As described in the Preliminary Decision Memorandum, 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 Decision Memorandum at 6.
10.
See
Memorandum, “Calculation of the Rate for Non-Selected Respondents,” dated concurrently with this notice, and Attachment II (containing a list of the non-selected companies under review).
11.
See 19 CFR 351.309(d);
see also Administrative Protective Order, Service, and Other Procedures in Antidumping and Countervailing Duty Proceedings,88 FR 67069, 67077 (September 29, 2023).
14.
See Administrative Protective Order, Service, and Other Procedures in Antidumping and Countervailing Duty Proceedings; Final Rule,88 FR 67069 (September 29, 2023).
17.
In these preliminary results, Commerce applied the assessment rate calculation method adopted in
Antidumping Proceedings: Calculation of the Weighted-Average Dumping Margin and Assessment Rate in Certain Antidumping Duty Proceedings; Final Modification,77 FR 8101 (February 14, 2012) (
Final Modification for Reviews).