Certain Softwood Lumber Products From Canada: Amended Final Results of Antidumping Duty Administrative Review; 2023
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 and typographical errors. The period of review (POR) is January 1, 2023, through December 31, 2023.
DATES:
Applicable September 11, 2025.
FOR FURTHER INFORMATION CONTACT:
Thomas Martin or Joshua Jacobson, 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) 482-3936 or (202) 482-0266, respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 29, 2025, Commerce published, in the
Federal Register
, the
Final Results
of the administrative review of the AD order on softwood lumber from Canada for this POR.[1]
On August 5 and 6, 2025, we received timely-filed ministerial error allegations from Canfor [2]
and West Fraser,[3]
the mandatory respondents in this administrative review.[4]
On August 11, 2025, we received comments on West Fraser's ministerial error allegations from the Committee Overseeing Action for Lumber International Trade Investigations or Negotiations (the petitioner).[5]
We are amending the
Final Results
to correct the ministerial errors raised by Canfor.[6]
Further, pursuant to our correction of the
Final Results
with respect to Canfor, we are revising our calculation of the dumping margin for the non-selected companies.[7]
Additionally, this notice corrects the names of two non-examined companies that Commerce listed incorrectly in the
Final Results.
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.” [8]
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 Canfor.[9]
In its ministerial error comments, Canfor alleged that Commerce made two errors regarding the calculation of Canfor's general and administrative (G&A) expenses.
We agree with Canfor that we made two ministerial errors in calculating Canfor's G&A expenses 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 these errors.[10]
We also revised our calculation of the dumping margin for the non-selected companies.[11]
In its ministerial error comments, West Fraser alleged that Commerce mistakenly used the wrong databases in calculating West Fraser's final weighted-average dumping margin. In its rebuttal comments, the petitioner argued that Commerce used the only data available in calculating West Fraser's final dumping margin, and thus that West Fraser's allegations cannot be considered ministerial errors pursuant to section 735(e) of the Act and 19 CFR 351.224(f).
We disagree with West Fraser 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 thus have not amended our calculations with respect to West Fraser.
Pursuant to 19 CFR 351.224(e), we are amending the
Final Results
to correct the ministerial errors with regards to Canfor's allegations. In doing so, the calculation of the weighted-average dumping margin for Canfor changes from 35.53 percent to 35.47 percent.[12]
Additionally, 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,[13]
from 20.56 percent to 20.53 percent.[14]
For a
( printed page 44036)
complete discussion of the ministerial error allegations, as well as Commerce's analysis,
see
the accompanying Ministerial Error Memorandum.[15]
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.
Corrections
In the
Federal Register
of July 29, 2025, in FR Doc 2025-14298, on page 35669, in the first column, correct “Kings Wood Products Linc.” to “Kings Wood Products Inc.” and “in the second column, correct Trans-Pacific Trading Ltd.” to “TRAPA Forest Products Ltd.”
For a list of all non-examined companies that incorporates these corrections,
see
the appendix to this notice.
Amended Final Results of Review
As a result of correcting the ministerial errors described above, we determine the following estimated weighted-average dumping margins for the period January 1, 2023, through December 31, 2023:
Exporter or producer
Weighted-
average dumping margin
(percent)
Canfor Corporation
35.47
Companies Not Selected for Individual Examination
20.53
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 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.[16]
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.[17]
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.[18]
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 July 29, 2025, 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 6.04 percent
ad valorem,
the all-others rate established in the less-than-fair-value investigation.[19]
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).
( printed page 44037)
Dated: September 5, 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.
234. Tolko Industries Ltd.; Tolko Marketing and Sales Ltd.; Gilbert Smith Forest Products Ltd.
235. Top Quality Lumber Ltd.
236. TRAPA Forest Products Ltd.
237. Triad Forest Products Ltd.
238. Twin Rivers Paper Co. Inc.
239. Tyee Timber Products Ltd.
240. Universal Lumber Sales Ltd.
241. Usine Sartigan Inc.
242. Vaagen Fibre Canada ULC
243. Vancouver Specialty Cedar Products Ltd.
244. Vancouver Urban Timberworks Ltd.; Van Urban
245. Vanderhoof Specialty Wood Products Ltd.
246. Vanderwell Contractors (1971) Ltd.
247. Visscher Lumber Inc.
248. W.I. Woodtone Industries Inc.
249. West Bay Forest Products Ltd.
250. Western Forest Products Inc.
251. Western Lumber Sales Limited
252. Western Timber Products, Inc.
253. Westminster Industries Ltd.
254. Weston Forest Products Inc.
255. Westrend Exteriors Inc
256. Weyerhaeuser Co.
257. White River Forest Products L.P.
258. Woodline Forest Products Ltd.
259. Woodtone Specialties Inc.
Footnotes
1.
See Certain Softwood Lumber Products from Canada: Final Results of Antidumping Duty Administrative Review, Partial Rescission of Administrative Review, and Final Determination of No Shipments; 2023,90 FR 35666 (July 29, 2025) (
Final Results), and accompanying Issues and Decision Memorandum (IDM).
2.
As described in the
Final Results
IDM at 1, n.2, we have treated Canfor Corporation, Canadian Forest Products Ltd. (CFP), Canfor Wood Products Marketing Ltd., Canfor Fox Creek Ltd. and Canfor Whitecourt Ltd. (collectively, Canfor) as a single entity.
3.
As described in the
Final Results
IDM at 1, n.3, 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.
4.
See
Canfor's Letter, “Canfor's Ministerial Error Comments,” dated August 5, 2025 (Canfor's Ministerial Error Allegations);
see also
West Fraser's Letter, “Request for Correction of Ministerial Errors in the Antidumping Duty Administrative Review Calculations,” dated August 6, 2025 (West Fraser's Ministerial Error Allegations).
7.
See
Memorandum, “Calculation of the Rate for Non-Selected Respondents,” dated concurrently with this notice (Non-Selected Rate Analysis Memorandum). A list of the non-selected companies under review is included here as Appendix I.
9.
See
Memoranda, “Analysis for the Final Results of the Fifth Antidumping Duty Administrative Review: Certain Softwood Lumber Products from Canada—Canfor Corporation, Canadian Forest Products Ltd., and Canfor Wood Products Marketing Ltd.,” dated July 24, 2025, at Attachment 1.
10.
See
Ministerial Error Memorandum;
see also
Memorandum, “Analysis for the Amended Final Results of the Fifth Antidumping Duty Administrative Review: Certain Softwood Lumber Products from Canada—Canfor Corporation,” dated concurrently with this memorandum (Canfor Amended Final Calculation Memorandum).
18.
For a full discussion of this practice,
see Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties,68 FR 23954 (May 6, 2003).
19.
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).